OMVIR Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Sanjeev Kumar Tripathi, learned counsel for the appellant and Sri Bhanu Pratap Singh, learned A.G.A. for the State and perused the records.

(2.) The instant criminal appeal challenges the judgment and order dated 29.05.2018 passed by the Additional Sessions Judge, Court No.2, Amroha, in Special Session Trial No.14 of 2015 arising out of Case Crime No.177 of 2015 State Vs. Omvir son of Roomal Singh, under Section 8/18 N.D.P.S. Act, Police Station Adampur, District Amroha whereby the appellant Omvir having been convicted under the aforesaid Sections of N.D.P.S. Act has been sentenced to five years rigorous imprisonment coupled with fine Rs.20,000/- with default stipulation for six months additional imprisonment.

(3.) Relevant facts of this appeal as discernible from record suggest that the appellant was caught by the police patrolling party on the tip off information by some informer near Ojpura bridge / culvert on the road within Police Station Adampur, District Amroha, description of the same indicates that S.I. Amrish Tyagi and S.I. Rohit Sharma were patrolling along with their colleagues within Police Station Adampur and were passing from Dhabarsi and reached village Pashupura where they received tip off information from the informer that some person is coming to the village Pashupura from Ojpura side who is possessing illicit contraband. The police party believed this information and tried to arrange public witness but no one was ready to stand public witness, therefore, the police party inter-se made search for each other and assured that there is no adverse material / contraband in their possession. Because of paucity of time, the police party kept themselves hiding on both sides of the road near Ojpura bridge / culvert. After sometime, one person was sighted coming from Ojpura side who was pointed out by the informer. In the meanwhile, the informer went away. When that person came closer to the police party, the police personnel came out of their hiding and after using necessary force at about 4:30 p.m. apprehended that person.