NARENDRA SINGH BHADORIYA Vs. STATE OF U P

JUDGEMENT

(1.) NARENDRA Singh Bhadoriya, the applicant, who is Sub-Inspector of Police, has approached this Court under Section 482, Cr. P.C., through instant criminal misc. application, with the prayer that the impugned order dated 10.2.2009, passed by Additional Sessions Judge/Special Judge (N.D.P.S.) Act, Court No. 8, Meerut, in Case No. 83 of 2007, State v. NARENDRA Singh Bhadoriya, under Sections 166, 167, 195, 220, 323, 344, 504, 506 and 120B, I.P.C., read with Section 18/20 of N.D.P.S. Act, P.S. Delhi Gate, district Meerut be quashed. By the impugned order trial Judge has rejected the discharge application of the applicant in the aforesaid offences.

(2.) IN the bird eye view, as are mentioned in the affidavit appended alongwith this criminal miscellaneous application, brief facts are that the applicant alongwith two other constables Shyoraj Singh and C.P. 315 Chob Singh arrested Rahul Maheshwari alias Rinkoo on 11.7.1999, under the N.D.P.S. Act. On the basis of the recovery made from the possession of the aforesaid person, F.I.R. of Crime No. 229/09, under Section 18/20 of N.D.P.S. Act, was registered vide Annexure-1, to this criminal miscellaneous application. According to the F.I.R. version, 200 grams of charas was alleged to have been recovered from the possession of aforesaid Rahul Maheshwari alias Rinkoo, on 11.7.1999, at 6.30 p.m. near Iqbal market, in front of the Buniyad Dry Cleaners Shop. The recovery was made by the present applicant, Sub-INspector Narendra Singh Bhadoria, who was on a picket duty at that moment alongwith Constable 315 Chob Singh and Constable Shyoraj Singh. During the investigation of the said F.I.R., statement of the applicant under Section 161, Cr. P.C., was recorded vide Annexure-2 to the affidavit appended alongwith this criminal misc. application, in which he has supported his version of arrest of Rahul Maheshwari alias Rinkoo alongwith the seized narcotic contraband. Constable Shyoraj Singh in his Section 161, Cr. P.C. statement has also supported the factum of arrest of the aforesaid accused.

(3.) HOWEVER, since the charge-sheet was filed against the applicant, he filed a discharge application, Annexure-8, to the affidavit appended with this criminal misc. application, before the Court of Special Judge, N.D.P.S. Act, Meerut in the concerned Case No. 83 of 07, State v. Narendra Singh Bhadoriya.