GOPAL YADAV Vs. STATE OF U P

JUDGEMENT

(1.) By way of instant criminal appeal, challenge has been made to the validity and authenticity of the judgment and order of conviction dated 1.12.2011 passed by the Additional District and Session Judge, Court No.16, Deoria in Criminal Case No.14 of 2006 (State versus Gopal Yadav), arising out of Case Crime No.26 of 2006, under Section - 8/20 N.D.P.S. Act, Police Station-Laar, District Deoria, whereby the trial court has convicted the appellant under Section 8/20 N.D.P.S. Act and has sentenced him to suffer rigorous imprisonment for three years with fine Rs. 5,000/- and in case of default, he would have to suffer additional rigorous imprisonment for three months.

(2.) Relevant facts of this case are that the Informant PW-1 Rajendra Pratap Singh Yadav S.O. of Police Station - Laar, District-Deoria was busy in maintaining law and order on 27.1.2006 alongwith other police personnel Constable Arvind Yadav, and Constable Suleman Khan arrived at Mehrauna Barrier. There they parked the official vehicle and started checking vehicles at petrol-pump and taxi stand by Constable Arvind Yadav, Constable Awadhesh Tiwari, Constable Sant Kumar Yadav, Constable Chandra Jeet Yadav and Constable Govind Yadav. When they proceeded towards Mehrauna Ghat Bridge, they sighted a man coming towards them with a gunny bag on his head. On the site of the police, he was frightened, turned back and tried to run away, but the police personnel present over there apprehended him on the pakka road around 4:30 p.m. On being asked, he spelt his name Gopal Yadav son of Jagdeo, resident of Tedhighat, P.S.-Hussainganj, District-Siwan, Bihar. On being asked as to why he was running away, he told that he is having 10.250 kilograms of 'ganja' in the gunny bag. At this, he was suggested that he has every right to be searched before a Magistrate or a Gazetted Officer, whereupon Gopal turned down this offer and reposed faith on the police party itself for his search. Consenting letter was prepared on the spot and after making inter-se search by the police party, search of Gopal was carried out, whereupon three packets of contraband kept inside the gunny bag, which the accused was carrying on his head was recovered. Besides the alleged contraband, Rs. 300/- was also recovered from the pocket of his trouser. He was asked to show the authority to keep the contraband 'ganja' but he could not show any authority. Therefore, his act was found to be in violation of Section 8/20 N.D.P.S. Act. He was taken into custody and the recovered contraband 'ganja' was kept inside the gunny bag and sealed. Specimen seal was prepared. Memo of recovery was made and read over to accused and a copy thereof was given to him. A number of persons from the public had gathered on the spot, in the meanwhile but no one was willing to stand witness to the fact of recovery of the contraband. This memo is Exhibit Ka- On the basis of the recovery memo, case was registered through Informant-Rajendra Pratap Singh Yadav at Police Station-Laar, District-Deoria on 27.1.2006 at 6:15 p.m. and the accused was detained at the police station and the recovered substance 'ganja' was kept in the 'maalkhana' and case was lodged at Case Crime No.26 of 2006, under Section-8/20 N.D.P.S. Act at Police Station-Laar, District-Deoria against the accused.

(3.) Relevant entries were made in the concerned General Diary of the aforesaid date and time at aforesaid police station. Thereafter, the recovered substance was produced before the court where sampling of the recovered contraband was done and the sample was sent for chemical examination to 'Vidhi Vigyan Prayogshala', which on examination was found to be contraband 'ganja'. The investigation ensued after the lodging of the F.I.R. and was conducted by PW-6 Mitthu Ram, who after recording the statement of prosecution witnesses and preparing the site plan Exhibit Ka-5 filed charge-sheet Exhibit Ka-6, under Section-8/20 N.D.P.S. Act against the accused.