DAYA RAM GUPTA Vs. STATE OF U P

JUDGEMENT

(1.) All the above mentioned appeals arise from one of the same judgment and order dated 28.11.2012, hence, they are being decided by a common judgment.

(2.) These appeals assail the correctness of the judgment and order dated 28.11.2012 passed by learned District & Sessions Judge/ Ex-Cadre, Court No.2, Sultanpur, in Criminal Case No.22 of 2009 and Criminal Case No.60 of 2010, Case Crime No.1280 of 2009, whereby the Sessions Judge has convicted the accused-appellants, namely, Pramod Kumar Sahu, Daya Ram Gupta, Abhai Raj Verma & Shahzad Ahmad and sentenced them under Section 8/21 of NDPS Act for ten years rigorous' imprisonment with a fine of Rs.1,00,000/-each, in default, to undergo six months additional imprisonment.

(3.) Narrated concisely, prosecution case against the appellants is that on 11.6.2009 around 17.15 hours Sub-Inspector, Dhirendra Kumar Shukla along with Constables Santosh Singh, Premchand Pandey, Vivek Pandey, Padmakar Singh and Dhirendra Singh was in search of criminals, in Vehicle No. UP 44G 0096. As soon as the police party reached K.N.I. Gate, the informer gave an information that four people are carrying illegal substance (charas) in a Mahindra Pickup Vehicle No. UP 44T 0976 from Bihar via Faizabad. On this information, instructions were given to all the members of the police party, Inspector Janardhan Dubey was requested for cooperation who reached the spot with constable Om Prakash Singh after sometime. A little latter one Mahindra Pickup (white colour) was seen, which the informer pointed out then the vehicle was stopped by the police party. Immediately one of the person rushed out of the vehicle and ran away and rest of the three persons were enquired, who disclosed their names as Pramod Kumar Sahu, Dayaram Sahu (alleged owner of the vehicle), Abhay Raj Verma and Shahjad the absconder. They admitted being involved in alleged trafficking of charas which was hidden in the vehicle. Accordingly, Circle Officer, City, D.P. Shukla was requested to be present at the spot so that the search can be made in his presence. The accused-appellants told that the contraband will be sold by them in Haryana, from where it will be forwarded to the international market. After sometime, Circle Officer, City along with constable Ashutosh Rawat came, and in his presence, the vehicle was searched, on the pointing out of the accused-appellants a huge contraband was recovered in 200 packets, each packet was of 500 grams, which comes to almost one quintal charas. Consequently, the accused-appellants were arrested for the offence under Section 8/21 of NDPS Act. Recovered contraband was sealed in three separate bags and sample seal was prepared. The vehicle UP 44 T 0976 was seized but no public or independent witness was ready to attest the seizure and search. On the premise of said recovery, case against accused-appellants was registered at Case Crime No.1280 of 2009 under Section 8/21 of NDPS Act. Investigating Officer inspected the place of occurrence, prepared site plan, recorded statements of witnesses and submitted charge sheet (Ext. Ka-7) against the appellants. Charge against the accused-appellants Pramod Kumar Sahu, Dayaram Gupta, Abhayraj Verma was framed on 22.2.2010 and against accused-appellant Shahjad Ahmad on 30.12.2010 under Section 8/21 of NDPS Act to which they denied and claimed trial.