LAWS(ALL)-2019-10-360

DHANVEER Vs. STATE OF U.P.

Decided On October 17, 2019
DHANVEER Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) Heard Shri Ramesh Kumar Pandey, learned counsel for the appellant and Shri Pankaj Srivastava, learned A.G.A. for the State.

(2.) This criminal appeal has been preferred against the judgment and order of conviction dated 14.5.2009 passed by the Additional Sessions Judge, Court No.4, Ghaziabad in S.T. No. 142 of 2001 convicting and sentencing the appellant under Section 18(a) for three months rigorous imprisonment and fine of Rs. 1,000/- and for two years rigorous imprisonment under section 18(c) of N.D.P.S. Act alongwith fine of Rs. 5,000/- with default clauses.

(3.) The prosecution case is that Sub-inspector Radhey Shyam on the basis of recovery memo lodged a First Information Report at Police Station Kavi Nagar stating that on 2.10.2000 he was on duty along with other police men on Kuchesar crossing; that he got information from the informer that accused-appellant is standing in passage under his house and is having Doda Powder and Opium which he sells;that on the information received he went on the spot and tried to find a public witness but no one agreed; that accompanying police men searched themselves and made sure that they have no goods related to any offence; that when along with policemen, reached there the accused-appellant ran towards the road and he was chased and caught at 14.05 hours; that he was informed of his right to be searched before the Magistrate or Gazetted Officer but he prayed for pardon and stated that the police party should search him; that he informed his name and address and in his search one and a half Kg. of Doda Powder was recovered from blue packet in his right hand and 10 grams of opium from his shirt pocket; that when the police men smelled the same they found Doda Powder and opium recovered; that the appellant could not produce licence for keeping the contraband;that the recovered contraband was sealed and stamped and recovery memo was prepared;that policemen made their signatures and information of arrest of appellant was sent to the appellant's house.