ASHOK KUMAR YADAV Vs. STATE

JUDGEMENT

(1.) THIS criminal appeal is directed against the judgment and order dated 23.1.1995 of the learned Additional Sessions Judge in Sessions Case No. 106/1994 whereby the learned Additional Sessions Judge held the appellant guilty under Sections 20/61/85 Narcotic Drugs and Psychotropic Substances Act and further by his order dated 24.1.1995 sentenced the appellant -accused to undergo R.I. for 10 years with a fine of Rs. one lac and in default of payment of fine to further undergo R.I. for one year.

(2.) THE brief facts of the case as noted by the Additional Sessions Judge are as follows:

(3.) IN brief the case of the prosecution is that on 20.1.94 S.I. Raman Kumar along with H.C. Raj Kumar and other Consts. were on patrol duty and were present near Rain Basera Meena Bazar. At about 7.10 P.M. a secret information was received that a young boy who is having black colour school bag is standing near the Service Road Gate Major Sheikh Kalimullah who is having Charas in large quantity. This information was reduced into writing by the S.I. 4/5 passers -by were asked to join the raiding party and one Hasin Khan was joined in the raiding party. SHO was informed on telephone about this information and request was also made that ACP should also be informed about it. Thereafter the raiding party reached at the spot and at about 7.25 P.M. one person whose name was later on known as Ashok Kumar Yadav who was wearing pant and shirt and a black colour school bag was hanging on his shoulder. He was apprehended on the pointing out of the informer. In the meantime SHO and ACP came at the spot in their Govt. vehicle. The accused was disclosed about the contents of the secret information and a Notice Under Section 50 N.D.P.S. Act was given to the accused but he declined to be searched in the presence of the Magistrate. However, he agreed to be searched in the presence of ACP. ACP then directed the SI to check the bag which was found to contain one plastic and cloth bag which contained Charas in the shape of sticks. There were in all nine sticks which on being weighed was found to be 1 kg. 250 gm. From all the nine sticks 100 gm. was taken out as sample. Sample and the remaining charas were then made in two pulandas and sealed with the seal of RKJ and BS. Form CFSL was filled in and seal impressions put on the same. SHO kept his seal with himself and I.O. handed over his seal to PW Hasin Khan. The recovered articles along with form CFSL were taken in police possession. SHO took possession of the case property and copy of recovery memo and deposited the same with MHC(M). ACP and SHO left the spot at about 8.40 P.M. He sent rukka to the Police Station. After registration of the case personal search of the accused was conducted. Statement of the witnesses were recorded. Site plan was prepared and after completing the necessary investigation the accused was challenged.