Ajai Kumar Singh - (1.) THIS appeal has been preferred against the judgment and order dated 2.3.2005, passed by Sri J. K. Sant, Special Judge, N.D.P.S. Act in Special Sessions Trial No. 39 of 1996, State v. Abrar arising out of Case Crime No. 11/1987, under Section 18, Narcotic Drugs and Psychotrpic Substances Act, 1985 (hereinafter referred to as "N.D.P.S. Act") Police Station Civil Lines district Budaun, convicting the appellant under Section 18 of the N.D.P.S. Act and sentencing her to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 1,00,000 and in default of payment of fine to undergo imprisonment for further period of three years.
(2.) BRIEFLY stated the prosecution case is that on 6.1.1987, when S.O. Mahendra Pal Singh alongwith S.I. Som Veer Singh, Head Constable Rakesh Kumar, Constables Harpal Singh, Sarvesh Kumar and Yash Kumar Singh was on patrol duty as also supervising the traffic within the territorial limits of police station and reached the Traffic Centre, Nawada, he got information from the informant that one person having opium is coming from Kunwar Gaon Road and he will go to Delhi from Moradabad road. Believing upon this information an attempt was made to procure independent witnesses but none could be available. Due to shortage of time the police party proceeded towards the Kunwargaon Road immediately and hiding themselves by the side of new boundary wall of Parvez Cold Storage started waiting for the person. Shortly thereafter one person was seen coming from the side of Kunwargaon road, who was having a bag in his right hand. As soon as that person reached in front of the gate of the boundary wall, he was asked to stop. Upon this he made an attempt to run away but he was apprehended by the police party at 6.40 p.m. after chase. On being inquired that person disclosed his name as Abrar and on his personal search 5.5 kilogram opium was found in a five litre tin container kept in the plastic bag, which he was carrying in his right hand. From its smell and taste it was found that the recovered article is opium. The tin container having opium alongwith the plastic bag was sealed in a piece of white Markeen cloth and sample of seal was prepared. The memo of recovered article was prepared by S.I. Som Veer Singh in the light of torches, which was read over to the witnesses and their signatures were obtained. Copy of the recovery memo as given to the accused. The recovered contraband and the apprehended accused were taken to the police station and on the basis of the recovery memo (Ex. Ka-2) Chik F.I.R. Ex. Ka-1 was prepared. The recovered contraband was sent to Scientific Laboratory for chemical analysis on 9.1.1987 and the report dated 26.3.1987 of the Analyst (Ex. Ka-7) disclosed that the recovered contraband is opium. Investigating Officer inspected the spot and prepared site plan Ex. Ka-5 and after the close of investigation submitted charge-sheet (Ex. Ka-6) against the accused. Charge under Section 18 of the Act was framed against the accused, who denied the charge and claimed to be tried. To prove its case, the prosecution examined Constable Girija Shanker, P.W. 1, Dy. S. P., M. P. Singh, P.W. 2, Inspector Som Veer Singh, P.W. 3 and Constable Nihal Singh as P.W. 4. Constable Girija Shanker (P.W. 1) is the Constable Moharrir who has prepared the chick F.I.R. Ex. Ka-1 and has also proved the copy of G. D. and registration of case Ex. Ka-2. This witness has also proved that sealed tin container was deposited in the malkhana of the police station where it was kept safely. Dy. S. P., M. P. Singh, P.W. 2 is the witness of arrest and recovery who has supported the entire prosecution case narrated in the first information report. This witness has stated that before taking search of the accused he was asked whether he would like to be searched before a Gazette Officer or a Magistrate for which he refused. This witness has also proved the recovered contraband produced before the Court. Inspector Som Veer Singh P.W. 3 is also a witness of arrest and recovery and he has completely supported the statement of witness P.W. 2. Witness constable Nihal Singh P.W. 4 has stated that he took the contraband article of this case for chemical analysis to the Scientific Laboratory at Agra in a sealed condition and deposited the same in the laboratory on 15.1.1987. In his statement under Section 313, Cr. P.C. The accused denied the entire prosecution story and has stated that he has been falsely implicated.
(3.) AFTER considering the entire evidence on record and after hearing the accused the learned trial court found the accused-appellant guilty of the offence under Section 18 of the Act and sentenced him as mentioned above. Feeling aggrieved, the present appeal has been preferred by the accused-appellant. I have heard Mrs. Deeba Siddiqui, Amicus Curiae appointed to do pairvi on behalf of the accused-appellant in this case and the learned A.G.A. and have also gone through the entire record carefully.;