VINEET KUMAR PANDEY Vs. STATE OF U P

JUDGEMENT

(1.) The aforesaid criminal appeals arose out of the one and the same judgment and order of conviction dated 29.3.2010 passed by the court of Additional Session Judge, Court No. 24, Kanpur Nagar in the concerned Sessions Trial Nos. 1730 of 2008-State Vs. Vineet Kumar Pandey, concerning Case Crime No. 906 of 2008, Sessions Trial No. 1731 of 2008-State Vs. Vishnu Tiwari, concerning Case Crime No. 907 of 2008 and Sessions Trial No.1729 of 2008-State Vs. Amol Singh, concerning Case Crime No. 908 of 2008, each under Section 18/20 N.D.P.S. Act within Police Station Chakeri, District Kanpur Nagar, whereby each of the aforesaid appellants after being convicted under Section 20(B) (II)(B) has been sentenced under Section 18/20 N.D.P.S. Act to ten years Rigorous Imprisonment coupled with fine Rs. one lakh each with default stipulation to suffer additional six months Rigorous Imprisonment.

(2.) Heard learned counsel for the appellants and Sri Om Narain Tripathi, learned A.G.A-I assisted by Sri Subhash Chandra Dwivedi, Brief Holder, for the State in all the above three connected criminal appeals and perused the record.

(3.) Course of events leading up to this stage (appeal) as discernible from record, appears to be that a police party initially headed by S.I. Rishikant Shukla SOG Incharge including other police personnel were busy in patrolling in the night of 30.8.2008 and in the meanwhile, the aforesaid police party headed by S.I. Rishikant Shukla arrived at KDA crossing within the region of Police Station Chakeri and met with SHO Chakeri Sri Krishna Gopal Sharma alongwith other police personnel and after interaction with them, the police party started checking vehicles and for suspected persons. After sometime, three persons riding on a motorcycle coming from J.K.-I crossing were seen by the police. After seeing the police party, these persons got fluttered and suddenly tried to turn back the motorcycle but they fell down in the process. The police on being suspicious, surrounded these persons after chasing them to a distance of 30 paces from KDA crossing and apprehended them at 1.30 A.M. On being asked as to why they were fleeing away, they told that they were possessing contraband Charas. Upon such disclosure, the SOG Incharge S.I. Rishikant Shukla asked them if they wish to be searched either before any gazetted officer or a Magistrate then all the three accused said to him that they trust him, therefore, he may carry out search and they do not want to go to any other place. At this, consenting letters (Ext. Ka-1, Ext. Ka-2 and Ext. Ka-3) of each of the accused were prepared and endorsement of each of the accused was obtained on it. The police party after making their own search with each other, confirmed that they do not possess any illegal material and took three accused in confidence. It has been described in the arrest and recovery memo that it being night, public witnesses were not available. The SOG Incharge asked the person/accused who was driving the motorcycle and inquired of him, whereupon he spelled his name as Vineet Kumar Pandey, son of Shrikant, resident of village Behta, Police Station Shivli, District Kanpur Dehat and six polythene packets wherein some substance resembling Charas were recovered from a bag dangling on his shoulder. On being interrogated, the second person spelled his name Vishnu Tiwari, son of Rajendra Prakash, resident of Village Bheempur, Police Station Shivli, Kanpur Dehat and on search being made, 19 polythene packets wherein some substance resembling Charas was recovered from a bag gripped by him in his right hand. Besides, Rs. 200/- cash was also recovered from the pocket of his shirt. On interrogation with the third person, he named himself Amol Singh, son of Sahab Singh Chandel, resident of Village Behta, Police Station Shivli, Kanpur Dehat and on being searched, 34 polythene packets wherein also substance resembling Charas was recovered besides recovering Rs.300/- cash from the left pocket of his trouser.