RADHEY SHYAM Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal is directed against the verdict of conviction and sentence dated 7-7-1994 whereby the appellant was convicted under Section 20 read with Section 8 of the Narcotics Drugs and Psychotropic Substances Act and sentenced to undergo rigorous imprisonment for two years and a fine of Rs. 2000.00. In default of payment of fine, a further jail term of six months was awarded.

(2.) In brief, the prosecution case was that the appellant Radhey Shyam Gupta was arrested at 5.00 p.m. on 4-9-1992 from the Khandhar of Shiv Baran Singh which is situated in village Palra, police station Chilla, district Banda. A search of the said accused yielded to recovery of 471/2 kgs. Ganja. He had no licence to hold in his possession the said quantity of contraband substance. A recovery memo in presence of the Circle Officer was prepared and a copy thereof was handed over to the accused. The said memo was signed, besides the police personnel, by two public witnesses, namely, Bhoora and Sada Shiv who were picked up from a nearby road, a little before the arrest of the accused. A small quantity of ganja, i.e. 250 gms was taken out of the total quantity recovered, for being sent to the public analyst. The Joint Director of Agra Laboratory, Agra submitted his report that the sample pertaining to this recovery on being chemically analysed was found to be as ganja.

(3.) In support of its case, the prosecution examined Sub-Inspector Ram Gopal as PW 1, Bhoora as PW 2, Kishan Singh, Circle Officer as PW 3 and S.I. Iqbal Singh, Investigating Officer as PW 4. The accused denied all the incriminating allegations levelled against him and pleaded not guilty. According to him, he was got falsely implicated in this case of fabricated recovery of ganja by Constable Shiv Singh who used to buy from his shop goods on credit and when he demanded his dues, he was arrested and carried to police station and framed in this case.