ASHOK KUMAR TIWARI Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Akash Tomar, learned Amicus Curiae for the appellant, Sri Om Narain Tripathi, learned A.G.A.-I assisted by Sri Sanjay Kumar Rajbher and Sri Jitendra Kumar, learned A.G.A.s, Sri Ajay Kumar Singh and Sri Rajiv Kumar Rai, learned brief holders for the State and perused the material brought on record.

(2.) The present appellant - Ashok Kumar Tiwari has preferred this criminal appeal against the judgment and order of conviction dated 21.2.2007 passed by the Court of Additional Sessions Judge, Court No.5, Kanpur Nagar in Sessions Trial No. 424 of 2005 (State vs. Ashok Kumar Tiwari), arising out of Case Crime No.80 of 2005, under Section - 20 (b) (ii) (B) of the N.D.P.S. Act, 1985 (hereinafter referred to as 'Act, 1985'), Police Station - Govind Nagar, District - Kanpur Nagar, whereby the appellant has been convicted and sentenced to rigorous imprisonment for seven months coupled with fine Rs. 1,500/- (Rupees One Thousand Five Hundred Only) with default stipulation to undergo imprisonment for one month.

(3.) Facts relevant for adjudication of this appeal, as reflected from record appears to be that S.I. Sri Ashok Kumar Pandey, the informant P.W.1 was on patrolling duty on 11.3.2005 in his area for maintaining peace. When he along with his police party reached at Dada Nagar Factory, in front of the same he saw two persons coming from State Bank crossing side and had wallets in their hand, wherein something was kept. They on being sighted by the police, got startled and began to move away. The police party after speeding up apprehended them around 10:00 p.m. in front of 10-B - Dada Nagar Factory. On being inquired, the accused told his name as Ashok Kumar Tiwari s/o Uma Shanker Tiwari, resident of Kachchi Basti, Vivekanand Nagar, Police Station - Govind Nagar, District - Kanpur Nagar. On search being made of his person, from the right side back pocket of the jeans, 120 grams of 'charas' (contraband) was recovered kept in a white- coloured polythene bag. Besides, the police party also recovered some iron clips numbering twelve belonging to the Railway Department.