AKHTAR HUSAIN KHAN, J. - (1.) PRESENT appeal has been filed by accused appellant Sageer Ahmad under section 374 of Cr.P.C. against judgement dated 22.1.2008 and order dated 25.1.2008 passed by learned Additional Session Judge/Fast Track Court No.4, Firozabad in Special Session Trial No.40 of 2003 (State of U.P. Vs. Sageer Ahmad and another), arising out of Crime No. R.C.S.I.B. 2003 of 2006, whereby learned Additional Session Judge/Fast Track Court No.4, Firozabad has convicted accused appellant Sageer Ahmad for offence punishable under section 8 read with section 21C of N.D.P.S. Act and has sentenced him thereunder to rigorous imprisonment for 14 years with fine of Rs. one lac. Learned learned Additional Session Judge/Fast Track Court No.4, Firozabad has further ordered that in default of payment of fine accused appellant shall undergo further imprisonment of one year.
(2.) SHRI Rajul Bhargava appeared for accused appellant. Shri S.K. Singh, learned A.G.A. appeared for State of U.P. and Shri N.I. Jafri, learned counsel appeared for C.B.I.
(3.) I have heard learned counsel for the parties and have gone through records of the case. In brief prosecution version is that on 4.11.2003 a secret source information was received that accused appellant Sageer Ahmad and co -accused Naresh Kumar are indulging in illicit trade of narcotic drugs and shall handover huge quantity of narcotic drugs i.e. contraband Smack (Heroin) to some unknown persons on 5.11.2003 at about 5.00 P.M. near reservation office/enquiry office of Railway Station, Friozabad, U.P. The said information was reduced in writing by Inspector Neelam Singh and submitted to S.P., E.O.U. -V (SIU -XI) Shri J.P. Verma who ordered its registration. Thereafter Inspector Khalil Sarvar was authorised to verify information received for further necessary action and a team was constituted under leadership of Inspector Khalil Sarvar. Other members of team were Inspector Neelam Singh, Inspector V.K. Shukla, CT. Rajesh Kumar, Ct. Phool Singh and Ct. (Driver) Mahinder Singh of EOU -V Branch of C.B.I. Shri H.S. Chopra, Additional S.P. of EOV -V (SIU -XI) Branch of C.B.I. was also deputed by the S.P. to supervise the operation at Firozabad. U.P.;