JAKIR Vs. STATE OF U.P.

JUDGEMENT

(1.) Instant appeal has been directed against the impugned judgement and order dated 19.10.2012 passed by the learned Addl. Sessions Judge, Court No. 16, Lucknow, whereby learned Sessions Judge hold guilty to the accused appellant under Section 8/18 Narcotic Drugs and Psychotropic Substances Act, 1985 and sentenced 12 years Rigorous Imprisonment and fine of Rs. 1,20,000/(one lac twenty thousand) and in default of payment of fine further to undergo 12 months Rigorous Imprisonment.

(2.) For the disposal of the appeal the facts of the case are that on 29.03.2012 complainant N.K. Mishra, Sub Inspector, police station G.R.P. (Charbagh), Lucknow was busy in law and order duty and was stationed near the prepaid booth of taxi at about 6 A.M. At that time informer informs him that two suspected persons are seated in lane No. 2 near tube well. Relying upon the information of the informer, complainant and other police officials took their search and nothing incriminating article was found from their possession. Thereafter complainant with other police officials reached at the place where the accused appellant was seated with other co-accused. Seeing the police officials accused-appellant perplexed and tried to run away but they were apprehended at 8:45 A.M.

(3.) On enquiry one person told his name Jakir and other Rajesh Joshi. On further enquiry accused-appellant informed that he has cannabis (charas). Receiving information about cannabis complainant informed to accused-appellant that he has right to be searched in presence of Magistrate or Gazetted Officer. Appellant gave his consent to be searched by the police officials. The letter of consent was prepared. Upon search 1.40 kg. contraband cannabis was recovered from the bag of the accused-appellant which was taken in the police custody. 50 gms. Cannabis was segregated from the recovered contraband cannabis and rest 990 gms. was sealed separately. The sample was also sealed at the spot.