PAPPU Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The appellant has preferred this appeal against the conviction under Section 29(ii) of Narcotic Drug and Pshychotropic Substances Act, 1985 (in short called NDPS Act). He was sentenced to 10 years R.I. and a fine of Rs. 1,00,000.00. In default of payment of fine, he has to undergo R.I. for 2 more years. At the time of conviction he was in jail. He is on bail in this appeal.

(2.) The prosecution has come up with a case that on 13-4-1992, S.O. of P.S.. Bakewar was on duty at a school in village Jarara where the High School examination was going on. Along with him some constables were also on duty. His duty was from 3 to 6 P.M. At about 6.15 p.m. when the police party was returning to their respective out post and the police station, on the road leading from Musafa to Shakura from where a road bifurcates to village Jarara in the West, he arrested the appellant on suspicion when on seeing the police party he turned back and tried to run away. After his arrest on a search of his person, from a plastic bag which he was holding on his head. 3 Kg. of charas was recovered . Charas was sealed in some container and memo of recovery , Ex. Ka. 1, was prepared . After completing the formalities , police party came back to the police station. First information report of the incident was got registered by S.O. Nanku Singh at police station at 7.45 pm under Section 8/15 and 8/20 NDPS Act/.

(3.) The prosecution has examined in support of its case only two witnesses Shanti Prasad, Head Constable, PW 1 and Nanku Singh, S.O. P.S. Bakewar as PW 2. The accused has also examined Smt. Shyama as DW 1 in support of its case. The defence has come up with a case that he had gone to the house of his mother's sister in village Musafa and the police had arrested him from there and falsely involved him in the present offence.