RAM NARAYAN PANDEY Vs. STATE OF U P

JUDGEMENT

(1.) This Criminal Appeal No. 4710 of 2014 (Ram Narayan Pandey Vs. State of U.P.) is preferred by the appellant against the judgement and order dated 31.10.2014 passed by Additional Sessions Judge/Special Sessions Judge District Sant Kabir Nagar in Special Case No. 31 of 2007 (State Vs. Ram Naryan Pandey) arsing out of Case Crime No. 2253 of 2007, Police Station Khalilabad, District Sant Kabir Nagar convicting the appellant under section 8/22 (C) of NDPS Act and sentencing him with rigorous imprisonment of 10 years alongwith fine of Rs. 1 lac and in default of payment the appellant is to suffer the additional imprisonment for 6 months.

(2.) In nutshell the prosecution case is that on 21.10.2007 at 10:30 AM complainant Akhilesh Kumar Nigam Additional Superintendent of Police District Sant Kabir Nagar got the information from the informer that in tin shed room situated in compound in-front of Junior High School Banjariya of west town Khalilabad some persons are having heroin and they are going to sell it, if prompt action is taken they can be arrested.

(3.) On this information complainant alongwith Inspector S.N. Singh Police Station Khalilabad, S.I. Gopal Das Patel, S.I. Surendra Tiwari, S.I. Chedi Prasad Yadav, Head Constables Mani Ram Yadav, Omkar Yadav, Hanuman Yadav and S.I. Indrajeet Singh police out post G.R.P Khalilabad and his Gunner Vakeel Pathak reached at the above mentioned spot at about 12:05 PM. He tried to make some public witnesses but no public person became ready to become the witness, then the police party pushed the door of tin shed room which opened and police found that 2 persons were sitting there when their names were asked one person told his name Surendra Kumar Chaudhory and another person told his name Ram Narayan Pandey. Ram Narayan Pandey told that they alongwith Surendra Chaudhory @ Pappu brings the heroin from Nepal and sell it here. After taking the consent from accuseds by search the search was made. One packet was recovered from the possession of Ram Narayan Pandey which was strapped beneath the pant on waist. DENGER TIGER HEAD BRAND made in Thailand HEROIN 33,000/- 100% Poison 2005-2008 was written in english on this pocket.