Back
IN THE HIGH COURT OF ALLAHABAD
DINESH KUMAR SINGH-I, J.
Ram Asre - Petitioners
Versus
State of U.P. - Respondents
Jail Appeal No., 894 of 2015
Decided On : 14-12-2017
The accused was convicted and sentenced for illegal possession of 1.6 kg of Charas under Section 20(b)(ii) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985. The High Court upheld the conviction but reduced the sentence to 10 years rigorous imprisonment and a fine of Rs. 1,00,000/-. The accused appealed to the Supreme Court.
Fact of the Case:
The accused was arrested with 1.6 kg of Charas in his possession. He was convicted and sentenced to 12 years rigorous imprisonment and a fine of Rs. 1,20,000/- under Section 20(b)(ii) of the NDPS Act. The High Court upheld the conviction but reduced the sentence to 10 years rigorous imprisonment and a fine of Rs. 1,00,000/-.
Finding of the Court:
The Supreme Court held that the prosecution had proved beyond reasonable doubt that the contraband material recovered from the accused was the same which was sent to the FSL for testing. The Court also held that the accused had failed to discharge the burden of proving that he had no knowledge of the Charas. The Court further held that the non-compliance of Section 50 of the NDPS Act was not fatal to the prosecution's case as the search was made of the bag which was being carried by the accused and not of his person. The Court also held that the non-compliance of Section 57 of the NDPS Act did not vitiate the trial as it was not mandatory.
Issues: 1. Whether the prosecution had proved beyond reasonable doubt that the contraband material recovered from the accused was the same which was sent to the FSL for testing? 2. Whether the accused had discharged the burden of proving that he had no knowledge of the Charas? 3. Whether the non-compliance of Section 50 of the NDPS Act was fatal to the prosecution's case? 4. Whether the non-compliance of Section 57 of the NDPS Act vitiated the trial?
Ratio Decidendi: 1. The prosecution had proved beyond reasonable doubt that the contraband material recovered from the accused was the same which was sent to the FSL for testing. 2. The accused had failed to discharge the burden of proving that he had no knowledge of the Charas. 3. The non-compliance of Section 50 of the NDPS Act was not fatal to the prosecution's case as the search was made of the bag which was being carried by the accused and not of his person. 4. The non-compliance of Section 57 of the NDPS Act did not vitiate the trial as it was not mandatory.
Final Decision: The Supreme Court upheld the conviction of the accused but reduced the sentence to 10 years rigorous imprisonment and a fine of Rs. 1,00,000/-.
1. This Criminal Appeal has been filed against the judgment and order dated 31.03.2008 passed by Additional Sessions Judge, Fast Track Court No. 2, Siddharth Nagar in Special Sessions Trial No. 66 of 2007 (State Vs. Ram Asre) arising out of Case Crime No. 501 of 2007 P.S. Dhebarua, District Siddharth Nagar whereby the accused appellant has been convicted and awarded punishment under Section 20(b) (II) of the N.D.P.S. Act with 12 years R.I. and fine of Rs. 1,20,000/- and in default of payment of fine, the same shall be realized from the accused in accordance with the provisions under Section 70 I.P.C. read with Section 421 Cr.P.C.
2. In nutshell, the facts of the case are as follows:
3. On 6.9.2017, the in-charge of Police Station, Dhebarua, Ram Dhyan (P.W.1) along with constable Anghad Singh was going to Kasba Bathni on patrolling duty and to check suspects for stopping the smuggling in an official jeep with its driver Ram Bhujarat Chaudhary. Right then near Pachpedwa tri-junction, S.I. Brajesh Kumar Yadav (P.W.3) along with constable Asgar Ali and constable Faiz Khan were also taken along after having been told the purpose and the entire police party reached Kallan Dehewa. The jeep was left in that village with driver and thereafter this police party proceeded towards north of Kallan Dehewa where there was no man's land border. The entire police party started waiting in a temple which was adjacent to no man's land. Soon they found that one person at 15:00 hours was coming from the side of Nepal with a plastic bag in his hand and had crossed the no man's land. The person, after having seen police party, all of a sudden started running back towards no man's land at a faster pace. Looking to his suspicious conduct, he was directed to stop and was ultimately arrested 15 steps away towards north of the temple in the no man's land. He was then enquired the reasons why he tried to run away but he avoided reply. Looking to his suspicious conduct, his name was enquired. He disclosed his name to be Ram Asre Kahar son of Babu Ram Kahar resident of Chamrauli P.O. Chmauli P.S. Azgain, District Unnao. When his search was made, from inside the bag (jhola) in his right hand, three plastic 'pannis' (Polythenes) were recovered wrapped in Gamcha of Terricot. He disclosed that the said 'pannis' contained Charas. When a license was required to be shown by him, he could not show the same. Thereafter, he was apprised that he had committed an offence punishable under Section 8/20 N.D.P.S. Act and was taken into custody. Thereafter constable Asgar Ali was sent to village Kallan Dehewa for bringing a balance (weighing machine) and the entire 'Charas' was weighed which was found to be 1.6 kg., out of which 100 grams 'Charas' was taken out as sample and was kept in a separate plastic polythene, then it was wrapped in white cloth and was sealed. The remaining 1.5 kg., in the form of three plates of 'Charas' were wrapped in a towel and were sealed in a plastic bag separately and the sample of seal was prepared. Due to sudden arrest of the accused and the place being lonely, no public witness could be available. The accused disclosed that the said 'Charas' was being brought by him from the hills near 'Dang' in Nepal which was being taken to Kanpur where he could get good amount for it. He had met a person in Kanpur whose name he did not know. The recovery memo (Exhibit Ka-1) was prepared at the dictation of P.W.1, Ramdhyan, by S.I. Brajesh Kumar Yadav (P.W.3) and thereafter the same was read out to the accused and his signatures were obtained thereon. The price of the recovered 'Charas' in International market must have been around Rs. 1,60,000/-. A copy of this recovery memo was provided to the accused.
4. The recovered contraband substance, accused and the recovery memo were all taken to the police station where Chick F.I.R. (Exhibit Ka- 3) was prepared and the Case Crime No. 501 of 2007 under Section 8/20 of the N.D.P.S. Act was registered against
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
