SANJEEV KUMAR SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal appeal has been preferred against the judgment and order dated 24.02.2015, passed by Additional Sessions Judge, Court No. 5, Varanasi, in Criminal Case No. 424 of 2010 (State vs. Sanjeev Kumar Singh), arising out of Case Crime No. 126 of 2010, under Section 8/20 N.D.P.S. Act, Police Station Ram Nagar, District Varanasi, whereby the accused appellant has been convicted and sentenced under Section 8/20 N.D.P.S. Act for 12 years rigorous imprisonment along with fine of Rs. 1,25,000/- and on default in payment of fine, for two years additional imprisonment.

(2.) Brief facts of the case is that S.O. Isalamul Haq Khan of Police Station Ram Nagar along with S.I. Mukesh Babu, S.I. Kamlesh Pal, Constable Dinesh Yadav, Constable Parvez Khan, Constable Munna Yadav, Constable Harishchandra with Constable Driver Surendra Nath Singh on their Government Jeep were on their law and order duty on 13.09.2010 and were involved in checking of vehicles. From an informer, they received information that in a gray coloured Indica Car bearing Registration No. DL 9 CD 0066 is coming from the side of Padav with illegal "Ganja" (marijuana/cannabis). Believing on that information, when that Indica Car appeared coming from the side of Padav, by throwing torch light, the police asked the driver to stop the car but seeing the police, the driver turned the car towards Pathari Tola. The car along with driver was intercepted on the turn of Pathari Tola after using necessary force at about 10:00 PM. On inquiry, the person sitting on the driving seat, informed his name to be Sanjeev Kumar Singh. On being asked why he tried to run away, he told that in the dickey of the car, he has two bags of illegal "Ganja" and, therefore, he was trying to run away from being apprehended by the police. He was informed about his right to be searched before Magistrate or any gazetted officer. At this, he said that when he has been already intercepted, he may be searched by them. He also said that he does not want to go elsewhere for his search. Before him, the members of the police group took search of each other in order to assure that none of the police person has anything illegal with them. From the dickey of the car, two bags were recovered and on being opened, "Ganja" was found in the two bags. Constable Dinesh Yadav brought the weighing machine and from one bag 10.1 Kg and from the second bag 10.2 Kg illegal "Ganja" was recovered. On being asked, he was unable to show any license for carrying "Ganja". 50-50 grams sample from both the bags were taken and the remaining was sealed in both the recovered bags and the sample was wrapped in news paper after keeping the same in white clothes on which the sample seal was pasted.

(3.) Recovery memo was prepared by S.I. Kamlesh Pal on the dictation of the S.O. and after being informed about the offence, the accused was taken into custody along with recovered illegal Ganja. During the course of arrest and recovery, some local public arrived there and on being asked to be witness of recovery, they did not agree. The information with regard to arrest was given to the family members of the accused and recovery memo was prepared, read over and signatures of all concerned were obtained and a copy thereof was given to the accused.