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2005 Supreme(All) 1257

UMESHWAR PANDEY
IRSHAD AHMED ALIAS SHEKHU – Appellant
Versus
STATE OF U P – Respondent


Advocates:
SHISHIR TANDON,

UMESHWAR PANDEY, J.

This jail appeal arises of the judgment and order of conviction and sentence dated 10-8-2001 passed by Special Judge (Narcotics), Ghazipur.

2. The facts of the case are that on 31-1-1998, the Sub-Inspector of Police, Prem Chandra Misra (PW 3) alongwith constable Hira Lal Yadav and Narendra Kumar Singh was out on duty in connection with the investigation of a case within their circle searching for the accused of that case. He received an information through one police informer (Mukhbir) that a person was coming from village Rajdepur via Tulsiya Bridge. He would be carrying contraband heroin. The Police party on getting this information waited for the person to come and then appended him. After about 25 minutes, an young lad was seen coming on foot from the side of village Rajdepur. The police informer identified him and went away. The moment that boy arrived near the police party, he was commanded to stop at which he tried to escape but was chased and caught. The accused on inquiry from PW 3 disclosed his name as Irshad Ahmad alias Shekhu and also gave his address. Thereafter, the police party told him for his search and seizure as he was suspected of carrying he






























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