DINESH KUMAR SINGH-I,J. - (1.) Order on Crl. Misc. Bail Application No. 131206 of 2017 This bail application has been moved on behalf of the accused appellant for being granted bail during the pendency of Appeal. The accused appellant has been awarded punishment in S.T. No. 101 of 2016 (State v. Rashid) under Section 489 (C) I.P.C. arising out of Case Crime No. 133 of 2015, P.S. Syana, District Bulandshahr and also in S.S.T. No. 310 of 2015 (State v. Rashid) under Section 22 (C) of N.D.P.S. Act arising out of Case Crime No. 131 of 2015, P.S. Syana, District Bulandshahr .
(2.) The accused has been awarded punishment by the court below by holding the trial jointly in above mentioned S.T. No. 101 of 2016 and S.S.T. 310 of 2015 and the accused has been awarded punishment of 7 years R.I. and fine of Rs. 10,000/- under Section 489 (C) I.P.C. and in default of payment of fine additional S.I. of three months. Further, under Section 22 (C) N.D.P.S. Act, he has been punished with 15 years R.I. and fine of Rs. 1,50,000/- and in default of payment of fine S.I. of 3 years.
(3.) The prosecution version in brief is as follows: The police party of Syana Police Station while patrolling found information from Mukhbir (informer) about the accused and arrested him on 29.3.2015 at 7.10 p.m. in Syana School Hanifgarhi area and recovered from him 1.850 kilogram intoxicating powder on the same day in 2 small bags (material Exhibit - 9 and material Exhibit - 10) and fake currency worth Rs. 23,200/- kept in a bag. He was offered to be searched in presence of the Gazetted Officer/ Magistrate, but he declined and gave his written consent (Exhibit Ka-2) to be examined by S.H.O. Shri D P Singh (P.W.1) and his companions in police party. The recovery memo (Exhibit Ka-1) was prepared on the spot. On the basis of said recovery memo Case Crime No. 131/2015 under section 8/22 of NDPS Act and Case Crime No. 133 of 2015 under Section 489 (C) IPC was registered and its entry was made in GD No. 44 at 10 PM (Exhibit Ka-6). Thereafter at the instance of PW 1, the site plan was prepared by investigating officer, SI Shri Krishna Pal Singh (PW 5). On 20/05/2015 report from the forensic science lab was received and after investigation the charge sheet (Exhibit Ka 9) was filed. As many as 5 witnesses were examined. The learned Court below on the basis of evidence on record has held the recovery of forged currency notes of above-mentioned amount and 1.850 kilogram diazepam proved from the accused and has awarded above punishment.;