RAMJAN Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned Counsel for the appellant and learned A.G.A. for the State.

(2.) This appeal has been filed by the appellant, Ramjan against the Judgment and order dated 13.1.2010 passed by Additional Sessions Judge, F. T. C. No. 1, Siddhartha Nagar convicting the appellant under Section 20(b)(ii)(C) of N.D.P.S. Act, 1985 and sentencing him to undergo 10 years' R. I. and fine of Rs. 1,00000/- (One Lac Only) and in default of payment of fine further R. I. of two years.

(3.) Prosecution case in brief is that on 7.11.2008 Sub-Inspector, Imanwal Singh received information from Mukhbir Khas that one person was brining Nepali Charas from Krishna Nagar Bazar, Nepal to Barhni Bazar, India, whereupon Sub-Inspector, Imanwal Singh along with Lans Nayak No. 8657229 Hardev Singh and No. 050333501 Guard Sunil Kumar, B. Company Barhni Headquarter, Gorakhpur reached Barhni Bazar where 8847378 Nayak Mahesh Prabhar and 070091511 Guard Ashok Ghosh were already on duty in Lane No. 2 Barhni Bazar. At about 16.00 hours one person wearing dark blue jacket was seen walking towards Barhni Bazar from Krishna Nagar Bazar, Nepal and as soon as the said person reached near the no-mans' land, Guard Ashok Ghosh stopped him whereupon he became perplexed and attempted to run away but he was caught. Upon enquiry he disclosed that he was carrying Nepali Charas and his name was Ramjan, S/o Nanku and he was R/o village-Nai Sarai, P. S.-Hasanganj, Tehsil-Hasanganj, district-Unnao, U. P. The appellant was given an offer of being searched before a Magistrate or a Gazetted Officer, which he declined and he insisted that he may be searched by members of police patrol party which had apprehended him. The members of police party after searching each other, searched the appellant which yielded recovery of eight bars of Charas tied by a white plastic and brown colour tape which were kept in a white and black colour striped cloth stitched by a green colour thread which the appellant had wrapped around his body and concealed under the shirt and jacket which he was wearing. Guard Sunil Kumar procured a scale and upon actual measurement the weight of eight bars recovered from the person of the appellant was found to be four kg. The appellant failed to show that he had any authority to posses the Charas which was recovered from him and which was above the commercial quantity. Thereafter he was formally arrested. The recovered Charas together with the cloth in which it was wrapped, was seized. Samples of 25 gms. were taken from each of the eight bars and kept in a box which was wrapped in a cloth stitched and sealed. Specimen seal was prepared on the spot. Passers by were requested to become the witness of the seizure but they refused. Recovery memo was written on the spot by Sub-Inspector Imanwal Singh and read out to the appellant. Thereafter the signatures of the appellant and other members of the police party were obtained on the recovery memo. The information regarding arrest of the appellant was sent to the appellant's house. Pursuant to Chik F. I. R. registered at P.S.-Dherbua, district-Siddhartha Nagar on the basis of recovery memo Case Crime No. 830 of 2008 under Sections 8/20 of N.D.P.S. Act was registered against the appellant on 8.1.2008 at 12.30 A. M. The Investigating Officer prepared a site plan on 21.11.2008. Statements of witnesses under Section 161 Cr.P.C. were recorded. The samples drawn from the contraband articles allegedly recovered from the appellant were sent to Vidhi Vigyan Prayogshala, Mahanagar, Lucknow through guard 241 (C.P.) Anand Kumar Prajapati along with docket prepared on 24.11.2008 by Superintendent of Police, Siddhartha Nagar. The report of chemical analyst dated 25.11.2008 indicated that the sample contained Charas. After investigation charge-sheet was submitted against the appellant under Sections 8/20 of N.D.P.S. Act on the basis of which the Court took cognizance and supplied the requisite documents to the appellant under Section 207 I.P.C.