JAKIR @ DADA Vs. STATE OF U.P.

JUDGEMENT

(1.) This Criminal Appeal No. 6798 of 2017 (Jakir alias Dada v. State of U.P.) is filed by the appellant Jakir alias Dada against the judgment and order, dated 01.07.2014/05.07.2014 passed by Special Judge NDPS Act/Additional Sessions Judge Court No. 2 Mahoba in Special Case No. 47 of 2011 (State v. Jakir alias Dada) arising out of Case Crime No. 3 of 2011, under section 21 of NDPS Act, Police Station Kotwali Mahoba, District Mahoba, whereby convicting the appellant under section 21 of NDPS Act and sentencing him for rigorous imprisonment for 3 years with fine of Rs. 10,000/- and in default of payment of fine accused/appellant will under go additional imprisonment for 6 months.

(2.) Facts giving rise to this appeal are that as per prosecution on 01.01.2011 Sub-Inspector M.A. Khan alongwith the Constable Arun Kumar Awasthi and Constable Jagdish Prasad Mishra departed from police station at 00.35 O'Clock for patrolling duty and search of criminals after making the entry of departure in GD No. 4. When the police party reached at Parmanand Tiraha then they saw a person who was coming from the side of bus stand. Seeing the police persons that person turned back and started moving swiftly, on doubt police personnel apprehended him near about 80 steps away from Parmanand Tiraha towards bus stand at about 2:10 O'Clock. On being controverted he told that his name is Jakir alias Dada when the reason of his running was asked then he told that he has Diazepam Tablets with him. On knowing it police party asked to the accused/appellant that you are having the intoxicant tablets Diazepam, therefore, your search will be carried out before any Magistrate or Gazetted Officer and you will have to move with them, then the accused/appellant said that I will not go anywhere you carry out my search, I takes intoxicant tablets and also sales some intoxicant tablets. He also gave his consent for his search by police personnel. On search of accused Jakir from right pocket of his pant 400 intoxicant Diazepam tablets wrapped in polythin blue in colour were recovered. Constable Jagdish Prasad Mishra brought the balance from bus stand. Recovered 400 tablets were weighed-in. They were found 100 gram in weight. Recovered tablets were sealed on the spot and recovery memo was prepared. On the basis of recovery memo F.I.R bearing Case Crime No. 3 of 2011 was registered at Police Station Kotwali Mahoba, District Mahoba and the entry for registration of case was made in GD. Recovered 400 Diazepam tablets were sent to Forensic Science Laboratory Agra for testing. S.I. Govind Singh conducted the investigation.

(3.) After investigation Investigating Officer submitted the charge sheet under section 21 of NDPS Act against accused/appellant Jakir alias Dada. Charge under section 21 of NDPS Act was framed which he denied and demanded trial.