BAIJIL SALIBEN Vs. STATE OF U P

JUDGEMENT

(1.) This appeal has been filed from Jail by the accused-appellant Baijil Saliben against the judgment and order dated 2.11.2015 passed by the Additional District and Sessions Judge, Court No. 7, P.S. GRP, District- Deoria, in Criminal Case No. 22 of 2013 (State of Uttar Pradesh Vs. Baijil Saliben), whereby the accused-appellant has been convicted and punished under Section 8/22 of the NDPS Act with rigorous imprisonment of 10 years, fine of Rs. 1,00,000/- and in default of payment of fine with further rigorous imprisonment of six months.

(2.) In brief facts of the case are as follows.

(3.) On 18.7.2013, Shri Baijnath Singh (PW-1), SHO, P.S. GRP Railway Station, Bhatni along with constable Chandrika Prasad was busy in performing his duty of maintaining law and order at Platform No. 1. At that very time, constable Sahdev Dubey (PW-2), constable Vijendra Singh, constable Babu Ram, Constable Dharmendra Nayak and Constable Ajai Kumar (SOG) GRP, Gorakhpur also reached there and were discussing regarding criminals. All of them together were proceeding towards western direction. On the way, an informer told them that two persons were sitting on Railway Platform No. 1 at the western end, who possessed Narcotic powder and could give effect to some offense of administering such drugs/substance to public. Believing this information, the police party departed towards western end of the Platform No. 1 and just before 20 metres from the western end of the platform, the informant indicated them where these two persons were sitting and left the spot. The police party surrounded both these persons and apprehended them at about 8.20 pm. They disclosed their names to be Shamshuddin and Baijil Seliven and further apprised that they had alprazolam Powder which they used to administer to the travelers of train and upon their turning unconscious, they used to take away their belongings. Both the persons were apprised of their right that they could opt to be searched in presence of a Magistrate or a Gazetted Officer. In response, they stated that they have already disclosed about Alprazolam Powder being in their possession, hence, the police party could take their search; they had no intention to be searched before a Magistrate or a Gazetted Officer as they were satisfied with the search to be made by them. Thus after taking their consent in writing (Exhibit Ka-1) and having searched themselves to ensure that they did not have any illegal article with them, took search of Baijil Saliben and recovered Alprazolam powder from the right pocket of his pant wrapped in a newspaper. Constable Chandrika Prasad was sent to bring a weighing machine from nearby township and the recovered contraband substance was weighed separately. The quantity of the Alprazolam powder recovered from Baijil Saliben was found to be 120 grams, for possessing which he could not show any license and tendered apologies for the said act. He was told that he had committed an offense under Section 8/21/22 of NDPS Act and was taken into custody (His arrest memo is Exhibit Ka-3).The recovered contraband substance was separately sealed and sample of seal was prepared. A large number of people had gathered on the spot but none of them was ready to be a witness of the recovery. Recovery memo (Exhibit Ka-2) was prepared on the spot by constable Sahdeo Dubey (PW-2). The recovery memo was read out to the accused and thereafter his signature was obtained thereon and a copy of the same was provided to him. An information to higher authority was sent on the same day which is Exhibit Ka-4. On the basis of recovery memo, Case Crime No. 85 of 2013 under Section 8/21/22 of the NDPS Act was lodged at P.S. G.R.P. Bhatini, District Deoria against accused Baijil Saliben. On 18.7.2013 at 10.30 A.M. Chick FIR was prepared which is Exhibit Ka-5. The entry of the institution of this case was made in G.D. Dated 18.7.2013 at report no. 19 at 10.30 A.M. (Exhibit Ka-6). The investigation was assigned to S.I. Ashok Kumar Jaiswal (PW-3), who prepared the site plan (Exhibit Ka-7) at the instance of the first informant Baijnath Singh (PW-1) and after recording statements of others witnesses namely Sahdev Dubey (PW-2), Ashok Kumar Jaiswal (PW-3), Arvind Kumar (PW-4) and taking into consideration the report of Forensic Science Lab (Exhibit Ka-9), submitted charge sheet against the accused under Sections 8/21/22 of the NDPS Act (Exhibit Ka-8).