DARSHAN SINGH DHIMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for appellant, learned A.G.A. appearing for State and perused the record of this case.

(2.) This criminal appeal has been filed against the judgment and order dated 31.07.2018 passed by learned Sessions Judge (F.T.C.), District Jalaun at Orai in Special Session Trial No. 19 of 2014 (State Vs. Darshan Singh Dhimar) arising out of Case Crime No. 1175 of 2013, under Section 20 of Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as "the NDPS Act"), Police Station Kotwali, Orai, District Jalaun. By the impugned judgment and order the appellant has been convicted and sentenced to undergo five years' rigorous imprisonment under Section 20 of the N.D.P.S. Act with a fine of Rs. 10,000/-. It has also been stipulated by the learned Trial Court in the order impugned that in case of failure to pay the fine, the appellant will undergo an additional sentence of six months' simple imprisonment.

(3.) The prosecution case in brief is that on 02.06.2013 SI G.P. Ojha along with Constable Vidya Kant Patel were on patrolling duty at Vinawar area in O.P. Deputyganj and were going towards Ramleela Maidan. They saw a person coming carrying with him a plastic bag (sack) filled with some light weight substance. All of a sudden seeing the police men, he stopped, turned around and tried to run towards Pani Ki Tanki Road. On suspicion, he was asked to stop, but he did not stop. At about 11:00 P.M. in night with the help of companion constable the accused appellant was caught with plastic bag in his hand. It being a sudden incident and happened in night, no public witnesses could be found. The arrested person told his name and address. He gave a written consent (Ext. Ka. 7) and on his written consent, the search was done and on search so made, it was found that he was having contraband namely Ganaj in the plastic bag (sack) and a sum of Rs. 450/- was also recovered from his pocket, about which it was told by accused to have been obtained by sale of Ganja.