AALAM Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal has been filed by the accused Aalam against the judgment and order dated 22.04.2010 passed by learned Additional District and Sessions Judge/F.T.C. Court No. 4, Hardoi in S.T. No. 4/2003 related to Case Crime No. 408/2002 under Sec. // N.D.P.S. Act, P.S. Sandila, District Hardoi. By the impugned judgment and order, learned Session Judge held guilty to the accused -Appellant for the offence under Sec. N.D.P.S. Act and sentenced him to serve out two years R.I. And to pay a fine of Rs. 2,000/ -and in default of payment of fine two months imprisonment.

(2.) As per prosecution case on 22.11.2002 when S.I. R.K. Srivastava in the company of other police persons was in "Gast duty". On the information of informer, he came at Beniganj Road near Imliya Bagh Tiraha and saw that accused coming by the motor -cycle. By seeing the police persons, he tried to escape but he was apprehended at 6.15 P.M. there. On inquiry, he had given his name as Aalam and had also given his address. After taking all precautions and informing the Appellant his right about search before gazetted officer/Magistrate on his request from his search 20 grams smack was recovered from his pocket. The same was sealed on the spot and recovery memo was prepared. Accused was brought at police station. FIR was lodged against him. Recovered articles was sent for chemical examination and it was found smack. As per report of Director of Forensic Laboratory it was contraband articles under the provisions of N.D.P.S. Act. After completing the investigation, charge -sheet was submitted against the accused -Appellant.

(3.) Accused was charged to face the trial for the offence referred above but he pleaded not guilty. To support its case on behalf of the prosecution 4 witnesses were examined. They have given the details of the prosecution case and proved the documents prepared by them during the course of investigation. Chemical examiner report was also brought on the record.