MANOJ Vs. STATE OF U.P.

JUDGEMENT

(1.) By way of instant appeal, challenge has been made to the validity and sustainability of the judgment and order of conviction dated 20.04.2015 passed by the Additional Sessions Judge, Court No.6, Mainpuri, in Special Session Trial No.14 of 2013 State Vs. Manoj, arising out of Case Crime No.189 of 2013 under Sections 8/21(1)(C) N.D.P.S. Act, Police Station- Bevar, District- Mainpuri, whereby the accused-appellant has been sentenced to undergo ten years rigorous imprisonment coupled with fine Rs. 1,00,000/-, in default of payment of fine, he will have to undergo additional two years rigorous imprisonment.

(2.) Heard Sri Anant Ram Gupta, learned counsel for the appellant, Sri Pankaj Srivastava, learned A.G.A. for the State and perused the record.

(3.) Facts relevant for adjudication of this appeal appear to be that the first information report was lodged by Sub-Inspector Rajesh Kumar at Case Crime No.189 of 2013 under Section 8/20 N.D.P.S. Act, on 17.05.2013 at 23:45 hours at Police Station Bevar, District Mainpuri, against the accused-appellant Manoj son of Om Prakash Gupta. On the basis of the recovery and arresting memo which contained description that S.I. Rajesh Kumar accompanied by Constable Rashid Khan and Constable Manoj Kumar of Police Station Bevar were on patrolling duty in the region within their police circle. While busy in patrolling, the police party arrived at Mathiya tri-crossing at Etawah road Chungi and proceeding towards Chhibaramau Chungi, when a person was sighted by it, coming from township (Kasba) who turned to his back on the sight of the police party whereupon the police party became suspect of him and he was asked to stop but he did not respond instead increased his stride then S.I. Rajesh Kumar in company with his two colleagues and passerby apprehended him around 10:30 p.m., when asked as to why he was running away and what is his name then he spelt his name as Manoj Kumar son of Om Prakash Gupta, resident of Sabji Mandi, Kaji Tola and told that he is possessing powder Smack, therefore, he was running away. At this disclosure, the Sub-Inspector upon being apprised of this specific information offered him the choice that he can get himself searched in the presence of either a Gazetted Officer or a Magistrate whereupon the accused-appellant declined the offer and reposed faith in the police party itself for being searched. Consequent thereupon, consenting letter was prepared by the police on the spot which was signed by the accused-appellant and S.I. Rajesh Kumar. The police party prior to carrying out the search carried out inter-se search of themselves. Nothing objectionable was found from their possession.