DIL KUMARI Vs. STATE OF U P

JUDGEMENT

(1.) Sri Manu Sharma and Sri. D.K. Pandey, learned counsel for the appellant have been heard in Jail Appeal No. 1706 of 2015 and Sri. Radhey Shyam Yadav, learned Amicus Curiae has been heard in Jail Appeal No. 1707 of 2015 and Sri. Ashwani Yadav, learned A.G.A has been heard for the State.

(2.) This Jail Appeal is directed against the judgment and order dated 13.2015 passed by Additional District and Sessions Judge, Court No. 1, Maharajganj in Special Case No. 61 of 2011 (State v. Dil Kumari) registered as Case Crime No. 835 of 2011, under Section 8/23 N.D.P.S. Act, Police Station Sonauli, District Maharajganj and Special Case No. 62 of 2011 (State v. Rajendra Pun Magar) registered Case Crime No. 836 of 2011, under Section 8/23 N.D.P.S. Act, Police Station Sonauli, District Maharajganj.

(3.) The brief facts of the case are that on 17.9.2011, Sub-Inspector Ramshabad Verma, Constable Harish Shukla and Constable Deva Prasad got information that some people are coming to Sonauli with Charas and if proper checking is done, they can be apprehended. Accordingly, joint team was constituted and they found one woman with a child in a lap and another a man going back after seeking the police. Lady constable apprehended them and they told their name as Dil Kumari and Rajendra respectively and 39 packets of Charas were recovered from the waist of Dil Kumari, which was found to be 4 kg. Rajendra was found in possession of 20 packets of Charas in a black bag, which was 2 kg. in weight. From every packet, samples were collected about 100 gm. of Charas, was sealed as sample and remaining Charas was sealed and kept. No public witness agreed to give statement. The case was registered against them and after investigation, charge sheet was submitted. In the report of chemical analysis, the recovery of Charas was proved. PW-1, Sub Inspector, Ramshabad stated in his evidence that Dil Kumari was informed whether she would be like her search to make before a Gazetted Officer or Magistrate to which she refused and stated that a lady constable may make search from her body. Thereafter, her consent letter was prepared and she made signatures thereon. Lady Constable, Anuradha Singh recovered 39 packets from her waist and it was found to be 4 kg. in weight. Similarly, Rajendra was also given option of search in presence of a Gazetted Officer and Magistrate, he refused and accordingly, this consent letter was prepared and got signed by him and on search 20 packets of Charas were recovered from his bag. Therefore, they were charge-sheeted. PW-5, Head Constable, Akhilesh Kumar Pandey proved the lodging of report on 17.9.2011. PW-2 Constable Harish Shukla, PW-3 lady Constable Priti Kumar, PW-4 Sub Inspector Ram Sanware Yadav, proved prosecution case.