SURESH KUMAR PATEL Vs. STATE OF U P

JUDGEMENT

(1.) The instant criminal appeal has been preferred by the appellant Suresh Kumar Patel s/o Rajdhar Patel, r/o Para Bihari, P.S. Bisanda, District-Banda against judgment and order of conviction dated 21.5.2012 passed by the Court of Additional and Sessions Judge (Court No.1), Banda in Special Case No.49 of 2010 under Section-20 of the N.D.P.S. Act, arising out of Case Crime No.357 of 2009, P.S.-Bisanda, District-Banda, whereby the appellant has been convicted under Section-20 of the N.D.P.S. Act and sentenced to one year rigorous imprisonment coupled with fine Rs.5,000/- (Five Thousand Rupees) with default stipulation to suffer additional rigorous imprisonment for six months.

(2.) Heard S.K. Mishra, learned counsel for the appellant, learned A.G.A. for the State and perused the record.

(3.) Facts relevant for this appeal appear to be that an FIR was lodged by the police on 19.11.2009 against the appellant which refers to that the police party of Police Station-Bisanda was busy in patrolling duty and investigation of cases on 19.11.2009, when it reached within vicinity of village Para Bihari near School, a tip off information was received that one person Suresh Kumar Patel s/o Rajdhar Patel is uprooting Ganja trees from his court yard and plucking the leaves from it for sale. The police party rush to the spot and tried to collect public witnesses but none agreed to become witness and no time was left for the police party to call any Magistrate or Gazetted Officer, therefore, S.I. A.P. Tiwari along with police force after making search inter se and being satisfied that nothing illegal was with them started for the place of occurrence along with the informer, reached at the house of the accused Suresh in village Para Bihari. On the pointing out of informer, the police saw that a person sitting in the court yard was plucking leaves of 'ganja'. He was arrested after little chase by the police around 12:10 p.m. On inquiry being made, the person disclosed his name Suresh Kumar Patel s/o Rajdhar Patel, r/o Village Para Bihari, P.S. Bisanda, District Banda and told that he was scared on seeing the police, therefore, he was fleeing away. The police party informed him of his right to be searched before a Magistrate or a Gazetted Officer but the accused reposed faith on the police party and agreed for his search by the police party itself. Letter of consent was prepared by the informant and executed by the accused. On search being made the accused was found having possession of 1.600 kg. leaves of green 'ganja' in a cloth, the contraband was weighed 1.600 kg. and the accused was arrested under Section 18/20 N.D.P.S. Act. Out of the recovered substance, 200 grams of 'ganja' was separated as sample and the rest of the contraband was sealed in a cloth. Both the sample and the recovered quantity were separately kept under seal, specimen seal was prepared on the spot. Arrest of the accused was made in compliance of the direction of the Apex Court and according to Human Rights norms. The memo of arrest and recovery was prepared on the spot and the signature of the accused was obtained on the original memo which was signed by the police party. Information of arrest of the accused was given to his family and the accused along with the recovered substance was taken to the police station, where a case was registered against the accused at the police station at 2:30 p.m. on 19.11.2009 at Case Crime No.357 of 2009, under Section-18/20 N.D.P.S. Act, P.S. Bisanda, District-Banda. Check FIR is Exhibit Ka-4.