NAIM Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri Sanjay Singh, learned counsel for the appellant as well as Shri Vikas Goswami, learned AGA for the State.

(2.) Present criminal appeal has been filed against the judgment and order dated 24.04.2015 passed by learned Special Judge/Additional Sessions Judge, Court No. 1, Rampur in Special Case No. 47 of 2014 (State Vs. Naim), arising out of Case Crime No. 37 of 2014, under Sections 8 / 20 of the Narcotic Drugs and Psychotropic Substances Act , 1985 (hereinafter referred to as the 'Act'), Police Station Kotwali, District Rampur, by which the accused-appellant Naim has been convicted under Sections 8 / 20 of the Act and has been sentenced to ten years' rigorous imprisonment alongwith fine of Rs. 1,00,000/- and, in default of payment of fine, to undergo one year's further imprisonment.

(3.) In brief, the case of the prosecution is:- on 01.03.2014 at about 6 p.m., the appellant was apprehended by a police party, led by S.I. Krishna Pal Singh, and including S.I. R.K. Singh; S.I. J.P. Tyagi; Head Constable Sompal Singh, being in possession of 2.250 kgs of narcotic substance - charas, on a lane adjoining the D.C.D.F. Cold Store. Those contraband goods were alleged to have been held by the accused-appellant in a plastic bag and cloth. A sample of 50 grams of those goods wasdrawn and sealed and also a recovery memo was prepared on the spot. The sample was later sent for chemical examination to the Vidhi Vigyan Prayogshala, U.P., Agra. The FIR was registered against the accused-appellant on 01.03.2014, after the recovery had been completed. The case was investigated by S.I. Pramod Kumar. A chemical analysis report dated 7.6.2014 was received from the Vidhi Vigyan Prayagshala, U.P., Agra. On that and oral evidence led solely by police personnel, the appellant was charged with offence under Sections 8 / 20 of the Act.