RAM PRATAP Vs. THE STATE OF U.P.

JUDGEMENT

(1.) This appeal has been preferred against the judgement and order dated 10.6.1999, passed by Session Judge, Barabanki, in Cri. Trial (S.T.) No. 123 of 1994, arising out of Case Crime No. 98 of 1993 (State of U.P. Vs. Ram Pratap), u/s 8/21 Narcotics Drugs and Psychotropic Subtances Act, 1985, (hereinafter referred as 'N.D.P.S. Act'), P.S. Loni Katra, District Barabanki, whereby the accused-appellant (for short 'appellant') Ram Pratap has been convicted and sentenced for rigorous imprisonment of 10 years and with fine of Rs. 1 lakh and in default in payment thereof, he has to further undergo 2 1/2 years rigorous imprisonment.

(2.) Briefly stated, the facts of the prosecution case are that on 31.5.1993, S.I. Kamala Kant Shukla (PW-2), posted at P.S. Loni Katra, was on patrolling duty in search of wanted criminal along with Const. Ram Vilash Mishra, Const. Jagdish Yadav and Const. Akhilesh Pandey and as the patrolling party reached in front of Janta Vastra Bhandar, situated near Bhilval Crossing, Sultanpur-Lucknow Road, at about 15:40 p.m., they saw a person standing at southern side of road in suspicious condition and was trying to escape. The police party, on sensing some doubt in view of his conduct, apprehended and caught him on spot, in front of Janta Vastra and Bartan Bhandar; upon interrogation, he told himself as Ram Pratap S/o Ram Lakhan, R/o Hulasi Kheda, P.S. Loni Katra, Barabanki. He further confessed that he was carrying 25 gms morphine; upon his disclosure statement, S.I. Kamala Kant Shukla (PW-2) told him that he had options either to get him searched before Gazetted Police Officer or before patrolling police officer. Thereupon, instead of opting any option, the appellant started apologizing to police personnels. Thereafter, appellant was searched out by patrolling police party with his consent and 25 gms of illegal morphine was recovered from his possession. Thereafter, recovery memo (Ex.Ka-6) was prepared; recovered contraband morphine was sealed; appellant was arrested and a criminal case on the basis of recovery memo was lodged at P.S. Loni Katra, Barabanki, as Case Crime No. 98 of 1993, u/s 8/21/22 N.D.P.S. Act.

(3.) Investigation was handed over to S.I. Vashisht Dhar Dubey, who recorded the statement of witnesses; inspected the place of occurrence and prepared site plan (Ex.Ka-9); recovered contraband morphine was sent to Forensic Science Laboratory, Lucknow, U.P., for chemical examination and as per chemical examination the said contraband goods was found as heroine. After investigation charge sheet (Ex.Ka-10) was filed against the appellant.