ANIL KUMAR VERMA Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Wasim Ahmad, learned Amicus Curiae, for the revisionist and Sri Dharmendra Singh, learned Additional Government Advocate appearing for the State and perused the record.

(2.) By means of the present revision, the revisionist has challenged the order dated 19.09.2001 passed by the learned Special Judge, N.D.P.S Act, Lucknow in Case Crime No. 268 of 2001 under Sections- 8/18/20 of the NDPS Act, 1985 (hereinafter referred to as "Act, 1985") Inre; State of U.P. Vs. Anil Kumar Verma by which learned Court has rejected the application filed under Section-169 Cr.P.C. and having found sufficient evidence against the revisionist, has directed for registering of a case against him. The further relief is for quashing of the order dated 21.09.2001 passed by the Special Judge, N.D.P.S Act, Lucknow by which directions were issued to release the revisionist for one month only and directing him to surrender in the Court on 17.10.2001. However, keeping in view the long passage of time, the challenge to the order dated 21.09.2001 is rendered infructuous as contended by Sri Wasim Ahmad, the learned Amicus Curiae.

(3.) The case set forth by the revisionist is that he was falsely implicated in a case registered at Police Station -Gomti Nagar, Lucknow on the basis of the Recovery Memo allegedly prepared by one Sri S.S. Pandey, In-charge, Special Operation Group (hereinafter referred to as "SOG"), Lucknow on 208.2001 at 11.45 P.M in Case Crime No. 268 of 2001 under Sections 8/18/20 of the Act, 1985. The revisionist contends that he is innocent and has not committed any crime and has contended that though the prosecution has indicated that the arrest of the revisionist was based upon an information received through informer on 208.2001 of a person standing at a crossing at Gomti Nagar, Lucknow having some opium in his possession and in pursuance thereof, the revisionist was arrested at 10.30 P.M on 208.2001 yet the fact is that he was not arrested from the said crossing in Gomti Nagar, Lucknow on 208.2001 at 10.30 P.M and neither was any narcotic substance recovered from his possession rather a false date, time and place of arrest have been indicated. According to the revisionist, the fact is that he was picked-up and taken away from his house by certain persons. His house is situated at a considerable distance from the spot i.e the crossing in Gomti Nagar, Lucknow where from the arrest is alleged to have been made. He further contends that his mother namely Smt.Tara Devi had given an application to the Senior Superintendent of Police, Lucknow (hereinafter referred to as " SSP") on 25.08.2001 for an inquiry into the matter and of his false arrest from Gomti Nagar, Lucknow and upon the said complaint, the SSP, Lucknow who was the head of the SOG team ordered for an enquiry into the matter from which it was allegedly revealed that the revisionist was not arrested on 208.2001 from the crossing at Gomti Nagar rather was picked-up and taken away from his house as mentioned in the application by his mother Smt.Tara Devi, a copy of which is annexure-2 to the revision