KANHAIYA LAL NISHAD Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order dtd. 14/12/2011 passed by Additional Sessions Judge, Court No.16, Deoria in S.T. No.219 of 2007 (State Versus Mohd. Minhaj and Another), arising out of Case Crime No.457 of 2006, under Sec. 7 of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, Police Station- Gauri Bazar, District- Deoria, whereby the learned trial court has sentenced the appellant with fine of Rs.1,000.00 and in default the appellant had to undergo two months simple imprisonment.

(2.) The law was set into motion when the Sub-Inspector Sita Ram Arya filed a seizure memo at P.S. Gauri Bazar, Deoria that on 3/9/2006, he alongwith HCP Sri Ramdheer Singh, Constable 335 Shahnawaz Akhtar and Constable 432 Akhilesh Singh alongwith jeep and its driver Rajendra Yadav, was on petrol duty and in search of wanted criminals at Rampur Chauraha he was informed by the informer that in village Bhetauli Bujurg, Tola Nauvgaon in the field of Ram Vriksha Yadav atantrik is making fool of the innocent public by practicing exorcism. He has buried alive two persons. He, immediately, alongwith his colleagues reached at the spot where a huge crowd was gathered and a tantrik was practicing exorcism. Two pits were digged in his front, which were covered with the wooden plank and soil over the plank. On interrogation the tantrik and the public disclosed that in both the pits one man each is present and with the miracle of the tantrik these persons will come out (alive) after 24 hours. The police got removed the soil with the help of public and after removing the plank both the persons were taken out. Both of them were breathing very slowly, when interrogated the person practicing exorcism disclosed his name to be Minhaj s/o Mohd. Hadish resident of Phutaha Patkhauli, P.S. Tarkulva, District Deoria and introduced him as a tantrik, out of two persons taken out of the pit one disclosed his name to be Udaibhan Gaud s/o Survdev Gaud resident of Bhauvapar Chaubey Tola, P.S. Chaurichaura, District Gorakhpur and introduced him as the disciple of tantrik and the other person rescued out of the pit introduced him as Kanhaiya Lal Nishad s/o Towar Prasad resident of Bhatauli Bujurg Tola Naugava Gauribazar, District Deoria. Near the pits the offerings flowers, leaves, incense sticks and Rs.346.50 of different denomination were present. On further interrogation the tantrik, namely, Mohd. Minhaj disclosed that he and his disciple had learned this art of exorcism from Ajmer Sharif and they wandering as nomades used to remove the obstacles of ghosts among public and facilitate them in getting secret money, accordingly, they also earn handsome money for themselves. When the pits were inspected thoroughly with the help of a torch, in one of the pit, a snake put by tantrik was also found. If the persons buried alive were not rescued in time both of them could have died. All the accused persons were made aware of their offences under Sec. 308, 420 IPC and Sec. 7 of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 and were taken into custody at 19:20 PM. The recovered money was also seized. The family members of the accused persons were informed through mobile. Police tried to find out the independent witness from among the public but nobody agreed to become a witnesses. Seizure memo was prepared which was read over and explained to all the police personnel and the accused persons. At the time of arrest the orders and guidelines of Hon'ble High Court and the National Human Rights Commission of India were adhered. The copies of the memo were given to all the accused persons.

(3.) On the basis of seizure memo Case Crime No.457 of 2006, under Ss. 308 and 420 I.P.C. and Sec. 7 of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 was registered. Investigation was taken over by S.I. Jai Prakash Lal, who investigated the matter. The investigation culminated into filing of charge-sheet under Sec. 308, 420 I.P.C. and Sec. 7 of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 against all the above named three accused persons.