(1.) BHAGWAN Din, J. This is an appeal from jail preferred by Suresh alias Daharey a convict in Special Trial No. 105 of 1993 under Section 18 of N. D. P. S. Act recorded by the-VI Addl. Sessions Judge, Unnao sentencing him to Rigorous Im prisonment for a period of ten years' and also to a fine of Rs. 1,00,000 (Rs. One Lac only) and in default to further undergo Rigorous Imprisonment for a period of five years.
(2.) BRIEFLY stated the prosecution case is that in the night of 3- 12-92, S. I. Sri Nanak Chandra alongwith Head Con stable Khanjan Lai, constable Mohan Prasad Tiwari and constable Ajay Kumar Singh was on patrol duty. When he reached at Shitalganj Mirri Road Crossing an informant informed him that one per son having 'charas' in his possession is likely to reach the said road crossing. On such information, S. I. Nanak Chandra alongwith police force laid ambush behind the 'gumti'. After a while one person reached there from Shitalganj side. On the pointing of the informant, he ap prehended him and on interrogation, the later disclosed that his name as Suresh alias Daharey, resident of Mohalla- Jot-pur, Town Purwa, District Unnao. On the belief that the said person possesses 'charas' asked him, if he desires may be searched in presence of a Gazetted Of ficer. The later denied to be searched before the Gazetted Officer. S. I. Sri Nanak Chandra himself therefore searched him and recovered 150 Gms. of 'charas' from the right pocket of his pant for which he had no licence. He then informed him that he had committed an offence punishable under Section 18/22 of N. D. P. S. Act and arrested him at 3. 15 a. m. Thereafter, he prepared the recovery memo Ext. Ka-1, sealed the recovered 'charas' and prepared specimen seal on spot. The recovery memo was read over to the witnesses and the arrested person. He also supplied a copy of the recovery memo to him and obtained hissignatureonit.
(3.) THE prosecution in order to bring the guilt of the accused at home examined S. I. Sri Nanak Chandra as P. W. 1, Head Constable Sri Khanjan Lai as P. W. 2, S. I. Sri P. K. Singh as P. W 3 and S. I. Sri Mangal Singh as P. W. 4 and produced the Chemical Examiner's report in evidence.