STATE OF U.P. Vs. FAIYAZUDDIN

JUDGEMENT

(1.) Heard learned AGA for the State and perused the trial court judgment and record.

(2.) The present Government appeal has been preferred against the judgment and order dated 24.10.2007 passed by Additional Sessions Judge/F.T.C. No.30, District Barabanki in Session Trial No.03 of 1998, Case Crime No.324 of 1997 under Section 8/21 NDPS Act, P.S. Jaidpur, District Barabanki acquitting the accused -respondent.

(3.) Learned AGA submits that the order of acquittal passed by the trial court is bad in the eyes of law. Briefly stated, the facts of the case are that Shri Dayanath Mishra, the Station House Officer and other members of the police party were on patrolling duty on 05.12.2007. The SHO and Constable Shahabuddin, Constable Udai Pratap Singh, and Constable Awadhesh Kumar Tiwari were going in a official Jeep U.P. 41 - 0569 driven by Driver Iqbal Ahmad. When they reached near village Chandauli, the informer reported that accused Faiyazuddin was illegally selling morphine at the door of his house at about 7:40 a.m. The police party reached the house of Faiyazuddin, where he along with one other person was sitting on the door of the house, who became a bit perplexed and frightened after seeing the police party. One of them ran away from the spot. The accused Faiyazuddin could not escape. He was told by the police about his right to be searched by Gazetted Officer but he stated that he was ready and willing to be searched by the Officer -in -charge instead of a Gazetted Officer. Accordingly, the accused was searched and from the left pocket of the jacket of the accused 200 gms of morphine wrapped in a paper was found.