SARJU @ RAMU vs STATE OF U.P. Supreme Court, 07-08-2009
| Date | 07 August 2009 |
| Docket Number | Crl.A. No.-001446-001446 / 2009 |
| Parties | SARJU @ RAMUSTATE OF U.P. |
| Court | Supreme Court (India) |
REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. _________OF 2009
[Arising out of Special Leave Petition (Criminal) No. 7722 of 2008]
SARJU @ RAMU … APPELLANT
VERSUS
STATE OF U.P. … RESPONDENT
J U D G M E N T
S.B. SINHA, J.
1. Leave granted.
2. 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.
491 of 1991 whereby and whereunder the judgment of conviction and
sentence dated 4th September 1991 passed by the V Additional Sessions
Judge, Barabanki in Sessions Trial Nos. 393 of 1989 and 395 of 1989
convicting the appellant for commission 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
year’s rigorous imprisonment, was affirmed.
3. Shrikant Mishra was the Station House Officer (SHO) of Safdarganj
Police Station situate in the district of Barabanki. He and other members of
the police party were on a patrolling duty. 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
reached near a village commonly known as “Baghaura” in the official jeep
No. UHG 4682, which was driven by one Satyadev Ojha.
4. 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.
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 O’clock in the
morning. Appellant along with said Shobhalal and Ramdutt were said to
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