HARIOM DHEEMAR Vs. STATE OF U P

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order dated 27.05.2013 passed by the Additional essions Judge Court No.3, Ghaziabad in Sessions Trial No. 178 of 2009 (State Vs. Hariom Dheemer), arising out of Case Crime No. 416 of 2009, P.S. Modinagar, District Ghaziabad whereby the appellant has been convicted and sentenced under Section 18/20 of N.D.P.S. Act for 10 years R.I. with fine of Rs. 1 lac and in case default of payment of fine, to undergo further imprisonment of one year.

(2.) The brief facts in a nutshell are that on 07.06.2009 when a police team headed by S.H.O. Raj Mani Rakesh was patrolling in search of some wanted smugglers and had reached at Kuchesra Chaupal, a secret information was received through a "Mukhbir" that in the vacant plot of Raj Kumar Lala, 4 persons are sitting with illicit heroine, and a party which has come from the Delhi to purchase such heroine, is also with them and they are negotiating about sale and purchase of heroine. Believing on the information given by the secret informer, the police team first tried to take with them some independent witnesses, but as the place was isolated, no one could be available, the police team conducted search of each other to ascertain that they themselves were not carrying any illicit thing before reaching to the plot of Raj Kumar Lala. After reaching the spot, the informer accompanying them, pointed out towards 5 persons, sitting at the plot and stating that they were the same persons, he secretly left the place. Hiding behind the boundary wall, the police team over heard their conversation through which it was confirmed that they were in possession of illicit heroine. The police party raided inside the plot by breaking open the wooden door fixed in the boundary wall. However, by that time, 4 persons out of five became successful in running away from the field. The police team chased the accused persons running from the spot, but without any success. Thus only one person (present appellant) could be apprehended at about 7.20 A.M. by the police. On being inquired, the appellant told that his name is Hariom Dheemer and he has heroine in the bag, he is carrying. S.H.O. asked the appellant for his search before the Magistrate or gazetted officer, but the appellant stated that there is no need to take him before any gazetted officer, and he is ready to be searched by the S.H.O. himself. On his search, 01 Kg. Heroine, kept in a polythene bag, was recovered. Constable Vijay Pal was sent to bring a weighing scale and weighing measure which he brought immediately. When the heroine was weighed, its weight was found 01 kg, out of which, 20 gms, was taken out and sample was prepared. The appellant was appraised about the offences committed by him and was arrested. The arrest memo and seizure memo were prepared, contents therein were read over to all present at the spot and the signatures of appellant and witnesses were taken on it. Copy of the seizure memo was given to the appellant. The appellant on enquiry, told the names of co-accused person, who had run away from the spot. Case was registered against the appellant and three unknown accused persons under Section 18/20 N.D.P.S. Act, at Case Crime No. 416 of 2009. Relevant entries regarding registration of the case were made in the general diary and the investigation of the case was entrusted to Mr. Sudhir Kumar Tyagi (PW-4).

(3.) Matter was investigated. The Investigating Officer recorded the statement of the witnesses, inspected the spot, prepared the site plan and on the basis of the evidence collected, submitted charge sheet (Ext. Ka-6) under Section 18/20 of N.D.P.S. Act against the appellant Hariom Dheemer.