GURU SARAN SINGHGULSHAN Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri Shivam Gupta, learned counsel for the appellant as well as learned AGA for the State and perused the record.

(2.) The instant appeal has been filed against the judgement and order dtd. 7/2/1998 passed by the Additional District and Sessions Judge (Ayodhya Matter), Lucknow in Sessions Trial No. 306/1993 'State Vs. Guru Saran Singh @ Gulshan', under Sec. 8/21 N.D.P.S. Act, Police Station Krishna Nagar, District Lucknow, whereby the trial court has convicted the appellant for committing offence under Sec. 8/21 N.D.P.S. Act and sentenced him to undergo rigorous imprisonment of 10 years and also with fine of Rs.1,00,000.00 and in default of fine to undergo further imprisonment for two years.

(3.) In nutshell the case of the prosecution is that on 2/9/1993 Station House Officer, Police Station Sarojani Nagar, namely, Deo Dutt Singh Rathaur along with Sub Inspector Siddharth Tomar, Vinod Kumar Singh and Constable Suresh Mishra and Subhash Chandra were deputed at Lucknow Kanpur Road where they saw a person who was walking at Lucknow Kanpur Road from Chillawa and on witnessing the police party attempted to walk away. On becoming suspicious he was interrogated and arrested at 2.15 P.M. and told his name as Guru Saran Singh @ Gulshan and informed to the police party that he is possessing 'morphine' which is kept in the hand bag of black colour which he was carrying in his right hand. A consent memo was prepared separately and personal search of the accused Guru Saran Singh @ Gulshan was made and from the bag which he was holding in his right hand one polythene bag was recovered along with the material which was smelling as morphine and was of gray colour. On being weighed the weight of recovered 'morphine' was found 500 grams and he could not show any licence to carry this morphine and thus was arrested and a recovery/ arrest memo was accordingly prepared on spot. The accused also informed that he had purchased this contraband from a shop situated at Khadaha, however, he is not conversant with the name of the person from whom he had purchased morphine. Attempt was made to procure independent public witness but nobody consented to become witness and thereafter the recovered contraband and the accused was taken to the Police Station.