SANJEEV KOHLI Vs. STATE OF U.P.

JUDGEMENT

(1.) Challenge in the instant criminal appeal is the judgment and order dated 26.09.1995 passed by Sessions Judge, Barabanki, in Sessions Trial No.136 of 1990 - State vs. Sanjeev Kohli , whereby and whereunder the accused/appellant was found guilty under Section 8 / 20 of the Narcotic Drugs and Psychotropic Substances Act , 1985 (for short, '' NDPS Act '), Police Station Barabanki and was sentenced to undergo rigorous imprison for a period of 11 years with fine of Rs.1,00,000/- with default stipulation of two years' rigorous imprisonment.

(2.) In a nutshell, the brief of the case is that on 08.03.1990 Constable Devendra Yadav was on duty with Constable Deep Chand Prasad, Constable Satya Narain Yadav, Constable Wazi Husain Rizvi and two Home Guards namely Vikarma Yadav and Ram Narain Pandey. They were escorting the train Delhi bound Vaishali Express. When the train left at about 08.00 PM from Gonda railway station, the police personnel saw two cardboard cartoons beneath the birth of ticket Inspector in front of door and asked the passengers but none claimed them. When they were opening the cartoons, one of the passenger sitting in the coach came near and asked them to come aside and admitted that the boxes belong to him and he offered Rs.5,000/- to the police personnel. On their refusal, one Train Superintendent arrived and asked to leave the accused who had introduced himself as Sanjeev Kohli and took Constable Satya Narain to his coach and handed over a memo about unclaimed property. In the meantime, the train reached at Barabanki railway station at abaout 10.05 PM where SHO Police Station GRP Barabanki along with other Constables were on duty on the platform and the entire incident was narrated to the Inspector Incharge. The Inspector Incharge inquired the matter with the accused Sanjeev Kohli who admitted that two cartoons contain Charas and after this information, senior officers of the department were intimated for their availability. After intimating the accused regarding search and right to be searched before the competent officer, the SHO on the consent of the accused took the search and found that cartoons contain three polythene packets containing Charas which was kept in wooden sound box. A sample was taken out from the recovered Charas and was sealed in two packets after preparing the specimen seal. The contraband which was recovered from the possession of the accused appellant was again kept in packets and sealed in the sound boxes. The case was registered in the General Diary and SI Ram Narain was directed to go through with the investigation. Later on, the investigation was transferred to SI Amar Nath Singh. After recording the statement of the witnesses and obtaining the report from the custom department for assessing the value of the recovered contraband, it was sent to Forensic Science Laboratory for analysis where the recovered item was Charas. After investigation, the charge sheet was submitted against the accused appellant and after taking the cognizance, a charge under Section 8 / 20 of the NDPS Act was framed against the accused appellant to which he pleaded not guilty and claimed for trial.

(3.) After examining the prosecution witnesses, learned trial court found the accused appellant guilty under Section 8 / 20 of the NDPS Act and convicted him as above. Aggrieved by the order, this appeal has been filed with the submission that the appellant was not informed about the reasons for his arrest nor he was given copy of the recovery memo. Learned counsel for the appellant has submitted that the appellant accused was travelling from Muzaffarpur to New Delhi by Vaisali Express and GRP personnel making search in the compartment asked him to open his suitcase and expected some money and on refusal they asked him to accompany and when the train arrived at Barabanki platform he got down on the platform where with the connivance of other police personnel of Barabanki he was falsely implicated in the present case.