HAIDER ANSARI Vs. STATE

JUDGEMENT

(1.) This criminal appeal has been preferred from jail against judgment and order dated 10/9/2007 passed by the Additional Sessions Judge, Court No. 3, Kanpur Nagar in Sessions Trial No. 204/2004, State vs Haidar Ansari arising out of crime no. 519 of 2004 under sections 18/20 of NDPS Act, PS Chakeri, District Kanpur Nagar, whereby the accused appellant Haidar Ansari has been convicted under section 20 b (ii) (C) of NDPS Act and has been awarded punishment of 10 years rigorous imprisonment, fine of Rs. one lakh and in default of payment of fine six months additional simple imprisonment.

(2.) In brief facts of the case are that on 26/07/2004 S I, C. K. Upadhyay along with constable Jitendra Bahadur Singh, constable Sushil Tewari, constable Firoz Khan and constable Swadesh Kumar were involved in patrolling duty, search of wanted criminals and in conducting pending investigations. When they reached Rama Devi intersection via Mohalla Shakti Nagar, one person having seen the police party turned back and tried to run away. Suspecting him to be of criminal antecedents he was apprehended about 20 steps away from Hanuman Ji temple at about 18:55 hours and after having inquired his name and address his search was taken in presence of the companion officials. He disclosed his name as Haidar Ansari and from the bag being held in right-hand, 6 cakes of charas of 500-500 grams wrapped in grey polythene separately were recovered. Since the arrest was made all of a sudden, no Gazetted Officer or Magistrate could be informed. He could not show any license to possess the charas and begged for apology. He was apprised that he had committed an offence under section 18/20 of the NDPS Act and was taken in police custody. 10 grams each was taken out by way of sample from each cake of charas and thus total 60 grams of charas was kept in a separate white cloth and was sealed. The sample seal was prepared. The remainder was sealed back in the same bag from which it was recovered, which was of yellow colour and had written on it ISI mark. It was also sealed and sample seal was prepared. The compliance of the directions of the Supreme Court and the Human Rights Commission were complied with. One or two passers-by were requested to be a witness of this recovery but they avoided because of incurring enmity. In the light of torch and candle, head constable Jitendra Bahandur Singh prepared recovery memo (Exhibit Ka 1) which was dictated to him by the first informant, S. I. , CK Upadhyay. The same was read out to the companion witnesses and the accused and signatures were obtained of the witnesses thereon. The constable Firoz Khan was dispatched to the residence of the accused to inform about the arrest of the accused. A copy the recovery memo was provided to the accused. On the basis of the recovery memo PW 3, Kashmir Singh registered case crime no. 519 of 2004 under sections 18/20 of the NDPS Act against the accused appellant, who prepared chick F. I. R. no. 276 of 2004 (Exhibit Ka 2) and made an entry of this case in GD at report no. 67 at 20. 45 hours on 26/7/2004 which is Exhibit Ka 3. The investigation of the case was handed over to S I, Shri Devendra Singh (PW 4) who inspected the place of occurrence and prepared the site plan at the instance of the complainant of the case/ First informant which is Exhibit Ka 4. The sample of the contraband substance was deposited by constable Hari Niwas on 3/8/2004 which weighed 61 grams in sealed condition and was received by constable Hari Niwas in sealed condition on orders of CMM, whereon the signature of Hari Niwas were verified by him which is Exhibit Ka 3. The report of Forensic Science Lab was received which is Exhibit Ka 6. After concluding the evidence he submitted charge- sheet which is Exhibit Ka 7.

(3.) On the basis of evidence on record charge was framed against the accused appellant on 28/01/2005 under section 20 (b) (ii) (C), to which he pleaded not guilty and claimed to be tried.