STATE OF U.P. Vs. RAM SINGH
LAWS(ALL)-2009-10-144
HIGH COURT OF ALLAHABAD
Decided on October 13,2009

STATE OF U.P. Appellant
VERSUS
RAM SINGH Respondents

JUDGEMENT

UMA NATH SINGH,S.N.H.ZAIDI,J - (1.)THIS application for leave to appeal arises out of a judgment dated 30.6.2009 passed by learned Additional Sessions Judge, Fast Track Court, Barabanki in Session Trial No.133 of 1999 recording acquittal of accused respondent Ram Singh under section 8/18 Narcotic Drugs and Psychotropic Substance Act ( for short 'the N.D.P.S. Act' ), primarily on the ground that the alleged recovery of the contraband substance did not inspire the confidence of the court.
(2.)AS per prosecution case narrated in the impugned judgment, on 11.8.1999, A.S.I. Om Prakash Singh with police force had gone out of police station in search of the accused of Case Crime No.174 of 1999 under sections 302, 201 I.P.C. When he reached the place known as Gandhi Gram Chauraha, he received information to the effect that one Israr Teli, son of Moharram Ali had gone towards village Varaiya on a motorcycle to bring opium, a contraband item, and was expected to return soon. On receiving this information, the police officials moved towards village Varaiya. When the A.S.I. with police force reached near the Samadhi of Baba Raggha Das, he was informed by the informant that two persons were coming on a black motorcycle from the direction of Gandhi Gram and one of them was Israr Teli. The moment police force proceeded further, the accused persons having noticed them, abandoned the motorcycle and tried to run away but one of them was caught by police. His name was disclosed as Ram Singh, son of Drigpal Verma. He disclosed the identity of the other person as Israr Teli. He also disclosed that he was carrying 700 gram of opium which he had sold to Israr Teli for Rs.10,000/- and he was carrying it for Israr Teli to be taken by him to village Tikra, and the motorcycle also belonged to him. During search of accused Ram Singh, a contraband item (opium) was found kept in a small packet which he was carrying in a plastic bag. It also appears that the accused was given an offer as required under Section 50 of the N.D.P.S. Act to the effect as to whether he wanted to be searched in the presence of a Magistrate or a gazetted officer. However, the accused opted for search by the police official and his consent was taken down in writing, and finally, the opium was recovered. After completing procedural formalities, accused was challaned and was tried upon by the Sessions Court. On being charged under section 8/18 of the N.D.P.S. Act, he denied the allegation and pleaded for trial.
Prosecution examined three witnesses, namely A.S.I. Om Prakash Singh ( PW-1), Constable Rajesh Chand (PW-2) and S.I. Ram Bilas (PW-3) besides submitting some documentary evidence. In his statement under Section 313 Cr.P.C. the accused respondent denied the allegations and prosecution evidence and gave the explanation that he was picked up from his house and then falsely implicated in this case. In his defence, the accused also produced Ramesh Prasad (DW-1) Nangoo (DW-2) and Drigpal (DW-3) besides producing some documentary evidence. A.S.I. Om Prakash Singh (PW-1) supported the version reported in F.I.R. Similarly, other police official Rajesh Chand (P.W-2) also supported the prosecution case.

(3.)TRIAL court, on careful appreciation of evidence, found a number of infirmities in the prosecution case. It was noticed that G.D. Entry to show that the police officials were on petrol only to apprehend the accused in a criminal case was not produced. According to A.S.I. Om Prakash Singh (PW-1), the police party reached the spot on motorcycle, whereas as per the statement of Constable Rajesh Chand (PW-2) the motorcycle which was recovered by the police belonged to Israr Teli, who was not made an accused. This was also admitted by A.S.I. that he was not given any information about accused Ram Singh and further he did not receive any prior information about the contraband.


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