STATE OF U.P. Vs. RIYAJ

JUDGEMENT

(1.) Heard learned A.G.A. and perused the record.

(2.) The present appeal has been filed against the acquittal of respondent Riyaj of the charges under Sec. 22 of N.D.P.S. Act.

(3.) Upon hearing learned A.G.A. and perusal of record as well as the impugned order, I find that as per prosecution case, on 30.5.2014 the police party apprehended Abdul Rasheed at about 3:35 p.m. from whom no recovery is alleged to have been made. It is alleged that upon disclosure made by Abdul Rasheed that he deals with the business of diazepam and smack on the financial support given by respondent Mohd. Shafi @ Guddu and Riyaz son of Ishaq and upon his taking the police party to the house of Riyaz and Mohd. Shafi @ Guddu, when seeing the police party Mohd. Shafi @ Guddu and Riyaz managed to flee away, Abdul Rasheed got recovered seven big packs weighing 47 gms. and 20 small packs weighing 9 gms. of smack and a polythene bag containing 700 gms. of diazepam powder, which were hanging on the walls of the room in the house of accused.