TASAWWAR ANSARI Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 2-3-1996 passed by the Ist Addl. Sessions, Judge, Varanasi in S.T. Cr. Case No. 635 of 1993, State v. Tasawwar Ansari, whereby the learned trial Court has convicted the accused aforesaid under Sections 21/27-A of the N.D.P.S. Act and sentenced him to undergo 10 years' R.I. on each count and to pay a fine of Rs. 1 Lakh. On failure to pay the fine, two years' additional imprisonment shall have to be undergone by the accused. Both the sentences shall run concurrently. He has also been directed that a free copy of the judgment shall be made available to him.

(2.) The case of the prosecution is that Sri R. K. Lal, Excise Inspector, Narcotics Control Bureau, Varanasi accompanied by Sarva Sri R.K. Singh, Lallan Tewari, V.K. Singh, R.K. Srivastava, S.N. Tripathi, Gupteshwar Singh, and Rajendra Pathak, after receiving an information that a person Tasawwar Ansari, r/o House No. 2/159, Ward No. 2, P.S. Sayeed Raza, Distt. Varanasi, who is indulging in the illegal trade of Narcotics goods, had stored the Narcotics properties in considerable quantities at his house, raiding the house of the accused aforesaid. Public witnesses like Sarvashri Kapil Deo Sharma and Ram Kr. Singh, r/o of the same village were called and requested to witnesss the search of the house of the appellant. After receiving a knock at the door, the appellant Tasawwar Ansari came out. The aforesaid party members introduced to him and also disclosed the reasons for which they had assembled there. Before entering into the house of the appellant, this party asked him to ensure that no illegal narcotics goods were in possession of any one of them and he could satisfy himself by taking physical search. But the accused declined.

(3.) Thereafter, in the presence of the aforesaid public witnesses, the search of the house of the accused started. In the Almirah of the accused, Pass Book Account No. A55/2787 of Bank of Baroda, in the name of the accused and another Pass Book No. 5/111 of Bank of Baroda, in the name of Sri Rahmatullah Ansari, the father of the accused, were recovered. In the Ist Pass Book, in all Rs. 28,350.00 and in the IInd Pass Book a sum of Rs. 12,550.00 stood deposited. In the same Almirah, a balance (Taraju) and weights of 100 Gms. 10 Gms. and 5 Gms. were recovered. No other illegal goods were recovered. In the Varandah of his house, one Vespa Scooter No. UP 65B/9558 was standing. A search of the scooter was taken, the key of which was supplied by the accused. He opened the dicky of the scooter. But nothing incriminating was recovered. Then Sri R.K. Lal aforesaid asked the accused to open the look of the oil tank of the said scooter. On this request, the accused was perplexed. But he was requested repeatedly to open the same. He did accordingly. In the petrol tank, there was a cavity containing one polythylene Bag which was recovered, in which some powder of grey colour was placed. On being questioned, the accused admitted that it was Heroin. The field test machine was being carried by the raiding party and, therefore, on the spot, this Grey object was tested and the report was positive that it was Heroin. The person of the accsuesd was searched after being informed that he could get himself searched before a Gazetted Officer. But the accused declined his request as well. On his personal search, nothing incriminating was recovered. The object was weighted on the spot. It was found to be 144 Gms. From it, two samples of 5 Gms. each were taken and sealed on the spot. Memo was prepared. The remaining 139 Gms. of Heroin was also sealed on the spot separately. Memo for that was prepared, which was signed by the accused as well as the witnesses present there.