SURENDRA @ BHURE Vs. STATE OF U.P.

JUDGEMENT

(1.) Order on Bail Application in Criminal Appeal No. 4194 of 2016 This bail application has been moved by the appellant-accused Surendra alias Bhure for being released on bail during pendency of appeal filed against the judgment and order dated 30/6/2016 passed in ST No. 206 of 2006 (State Vs. Surendra alias Bhure) arising out of crime No. 10 of 2006, PS Gwaltoli, District Kanpur Nagar, whereby accused has been awarded punishment under sections 18/20/60 NDPS Act of 10 years rigorous imprisonment and fine of Rs. 1 lakh and in default of payment of fine additional rigorous imprisonment of one year.

(2.) The facts of the case as gathered from the certified copy of the judgment enclosed are that the police party headed by SO, Pradeep Kumar Tripathi were busy in checking of 2 wheelers. At 19.30 one person riding a scooter was indicated to stop, but instead of stopping the vehicle he accelerated the same and as a result of that he fell down and was caught. He disclosed his name to be Surendra alias Bhure and confessed that he had 8 Kg Ganja in a bag kept in the scooter and beneath the petrol tank he had a cavity, in which he had kept 1 Kg Charas. He was apprised of his right to be searched in front of the Gazetted Officer or Magistrate, but he declined and opted to be searched by them only. Upon being searched, 8 Kg Ganja in four packets and 1 Kg Charas in the fifth one (2 packets of half Kg each) was recovered. He failed to produce any licence to keep them. Besides this Rs. 1000.00 in the currency of 100 rupee denomination was also recovered. He also stated that he supplies this material to his customers in the city, peddling the same. The said recovered material was weighed and it was found to be 1 KG Charas and 8 KGs Ganja. The separate samples were taken of 50-50 grams each. The accused was apprised that he had committed an offence under Sec. 18/20 of NDPS Act and needed to be arrested. The recovered Charas and the currency notes were sewn in a cloth while Ganja was kept back in the same bag and was sewn and both the items were separately sealed and samples of seals were prepared. No one from the public became ready to be a witness of this recovery fearing incurring enmity. The recovery memorandum was prepared on the spot and a copy of the same was given to the accused after obtaining his signature thereon.

(3.) The learned Court below has examined as many as 6 witnesses which include 2 witnesses of recovery as well, others being formal and thereafter recorded statement of the accused under Sec. 313 of the Criminal Procedure Code, 1973 wherein the accused took the plea of false implication because the police demanded 5 lakhs from him, which he was unable to provide.