PRASHANT @ MITHUN Vs. STATE OF U.P.

JUDGEMENT

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

(2.) The Appellant Prashant @ Mithun who was held guilty of charge under Sec. 18/20 of the N.D.P.S. Act and sentenced to under go 10 years rigorous imprisonment and a fine of Rs. 1 lakh and in default of payment of fine 2 years further imprisonment. by impugned judgment dated 03.12.2008 passed by Additional Sessions Judge Court No. 3 Kanpur Dehat in Session Trial 66 of 2007 arising out of Case Crime No. 256 of 2007, is seeking enlargement on bail during the pendency of the present appeal before this Cour It has been contended on behalf of the Appellant that according to the prosecution story 8 bars of charas weighing about 2 Kg. were recovered from the possession of the Appellant but sample was drawn only from one of the bar and thus there was no legally admissible evidence on record indicating that the remaining bars recovered from the possession of the Appellant were also contraband articles. He next contended that the aforesaid fact was admitted by P.W. -2 Raj Pal who is the investigating officer in his statement recorded before the trial and thus conviction of the Appellant under Sec. 20 -b -ii of the N.D.P.S. Act can not be sustained.

(3.) He further submitted that the Appellant who is a student of B. Sc, second year, has no criminal antecedents to his credit.