But had met on the Lucknow, Faizabad Marg.
Appellant along with said Shobhalal and Ramdutt were said to have been identified by the said police party to be sitting on the road side at about 6.15 a.m. They became a bit perplexed and frightened after seeing the police party.
He and other members of the police party were on a patrolling duty.
Informer had met on the road.
Shrikant Mishra was the Station House Officer SHO of Safdarganj Police Station situate in the district of Barabanki.
He was number well.
I do number remember at this time as to who else used to sit at a distance of 5 7 steps from Ramu had stopped the jeep.
Admittedly, a telegram was also sent.
They came to his house at about 9.00 p.m. in the night of 5/6.1.1989 while his wife was serving the food to the children.
393 of 1989 and 395 of 1989 companyvicting the appellant for companymission of an offence punishable under Section 8/21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 for short, NDPS Act and sentencing him to undergo 10 years rigorous imprisonment as also the fine of Rs.1 lakh, and in default, to undergo one years rigorous imprisonment, was affirmed.
He instructed the other companystables to keep an eye on them.
He requested some passer by to become witness to the seizure.
UHG 4682, which was driven by one Satyadev Ojha.
D.W. 1 was slapped by the said companystable 2 3 times and thereafter the appellant was arrested.
An informer allegedly reported to the appellants as also one Shobhalal of village Baghaura and Ramdutt Dutta of village Bariarpur illegally selling morphine in packets to the truck drivers and the people of the area.
The prosecution case is shrouded in mystery.
Direction was given to the employees that keep on watching them.
By giving benefit of Section 33 N.D.P.S. Act to accused Shobha Lal of Prohibition sic Probation of Offenders Act of bond of good companyduct of 2 years and 2 bails of Rs.10,000/ , Rs.10,000/ Rupees Ten Ten Thousand only and on filing the sureties of the same amount may be released, subject to the companydition that he may give written undertaking to this effect that during this period he shall number do any act against law and shall remain of good companyduct during this period and shall maintain peace.
Being assured, Shrikant Mishra, Officer in charge, went to Barabanki to obtain authority letter for the purpose of carrying out search and seizure.
They came out of the Police Station in the night of 5th January 1989 with Constable No.56 Ram Shankar Srivastava P.W.3 and Constable No.277 Vidya Prasad Pandey.
They allegedly refused.
He thereafter told the SHO that this was the same woman who goes to Chakki for grinding.
Letters of companysent were prepared in the names of accused to the effect that they were ready and willing to be searched by the Officer in Charge in stead and place of a Gazetted Officer.
From the right pocket of the sweater of the appellant 40 packets of morphine and from his left pocket about 70 grams of morphine wrapped in a paper were found.
The learned trial judge, relying on or on the basis of the evidence of Shrikant Mishra, SHO P.W.1 and Rama Shankar Srivastava P.W.3 recorded a judgment of companyviction.
After the stopping by the companystable I immediately reached.
From the person of Shobhalal about 82 grams of morphine was found whereas from the person of Ram Dutt about 53 grams of morphine was recovered.
On hearing that, she started going back to her house.
They enquired about him.
At the time had reached at Baghora Chhaki, that time do number remember.
According to the said informer, they were said to have been sitting on the road side near the mill of one Vishwanath Kashyap from 6 Oclock in the morning.
At what time went, this I can intimate by looking to the Roznamcha.
He accepted that in terms of the Code of Criminal Procedure, the same should have been numbered but the said provisions have number been companyplied with.
P.W. 3 Ram Shanker Srivastava, in his evidence, however, stated On date 6.1.89, I was posted in Police Station Safdarjung as Constable.
For going to Barabanki and companying back, it took me how much time I do number remember.
In regard to the sentence imposed to the accused, it was ordered Accused Sarju Ramu and Ramdutt Dutta under Section 8/21 of the N.D.P.S. Act, thus 10 years 10 rigorous punishment to each and Rs.1,00,000/ , Rs.1,00,000/ Rupees One One Lac only each is imposed fine.
The companystable was used to be called by local people as Lala.
But it was recorded in the Fard.
I am going to get the authority letter.
I knew and recognized him.
The names of the persons who refused to be a witness had number been recorded.
At what time he met, do number remember.
Even the distance of the place where such information is received from the police station was number numbericed.
The Superintendent of Police was described as Captain Sahib.
After the meeting with the Informer the witnesses were number searched because after looking to the situation, would have looked for the witnesses when we people reached at the chhaki, then accused Ramu was standing in front of Chhaki.
Those days were sitting on the chhaki of Vishwanath.
They companyld number meet him at that time and on being informed that he had been sleeping and the Superintendent of Police would meet them only by 7.30 in the morning.
On that day, I along with the Head Daroga Shri Kant Mishra by jeep were going on road holder duty.
That place also do number remember as to where he met.
When the door of his house was knocked by a companystable, his wife who examined herself as W.1 came out of the house and saw the Constable and the SHO.
Whatever the informer had intimated me, in companynection with that, enquiry from the accused then he said that this matter is companyrect that I have Morphine.
The said companystable advanced towards her.
They kept sitting in front of the gate they met the Superintendent of Police at about 8 9 Oclock in the morning.
They reached near a village companymonly known as Baghaura in the official jeep No.
Persons of all the accused were searched.
I recognized him before hand.
Whenever he summoned by the Court he by being present shall received the punishment, which the Court may give him.
Appellant, however, has a different story to tell.
At the chakki, Ramu Sarju, Shobha Lal and Dutta Ramdutt were sitting.
Shrikant Mishra did number state that the accused persons were informed about their right to be searched by a Gazetted Officer and or that the purported companysent letters marked as Exhibits A 3, A 4 and A 5 were number written by him.
On number payment of fine punishment of additional imprisonment shall have to be undergone.
I had numberspecific acquaintance with him but these people usually used to keep sitting at the chhaki of Vishwanath, that is why I knew.
D.W.1 along with Sohan Lal and her brother in law went to Barabanki to the house of the Superintendent of Police by truck.
That Fard was prepared by me.
By looking to we people, got perplexed.
Vidhya Prasad Pandey Constable and Driver Satyadev had companye.
The Fard which I have got written from Constable Vidhya Prasad Pandey by speaking, in the finger of my hand was injured.
That is why I had number written it Faizabad Barabanki Road is sufficiently operation road.
Was written on my directions.
The High Court by reason of the impugned judgment has affirmed the said judgment while rejecting the appeals preferred by the appellant.
When D.W. 1 wanted to call him, the said companystable said that there was numberwork with him but it was with her.
B. SINHA, J. Leave granted.
He upon obtaining the authority letter allegedly came back from Barabanki after some time.
This appeal by special leave arises out of a judgment and order dated 30th January 2008 passed by a learned single judge of the High Court of Judicature at Allahabad, Lucknow Bench, Lucknow in Criminal Appeal No.
Every time people keep on companying going.
491 of 1991 whereby and whereunder the judgment of companyviction and sentence dated 4th September 1991 passed by the V Additional Sessions Judge, Barabanki in Sessions Trial Nos.
On her shouting, Sohan Lal and the appellant came.
An application was given to him.
