ROSHAN Vs. STATE OF U P

JUDGEMENT

(1.) V. K. Chaturvedi, J. Roshan and Hakeem Ullah have filed this appeal against the judgment and order dated 23-9-1999 passed by Special Judge, E. C. Act, Basti in special case No. 27 of 1995 convicting the appellant Roshan under Section 23 of the Narcotic Drugs and Psychotropic Substances Act, 1985, hereinafter referred to as "the Act" and sentencing him 15 years R. I. and fine of Rs. one lac. The appellant Hakeem Ullah was convicted under Section 20 (b) (2) of the Act and sentenced to five years R. I. and fine of Rs. 20,000.

(2.) HEARD Sri D. S. Misra and Syed Wajid Ali, learned counsel for the appellants and learned A. G. A. Perused the lower Court record.

(3.) ACCORDING to the prosecution case on 29-9-1987 when P. W. 4 S. O. V. P. Shukla alongwith other police personnel were in patrolling duty at about 7. 30 p. m. he saw two persons coming from the railway station. They were intercepted. They tried to run away. After few passes both were arrested. On being searched from the right hand of the appellant Roshan four bags containing about 4 Kg. contraband Charas were recovered and from the possession of the appellant Hakeem Ullah about 10 Kg. Ganja were recovered. The sample were taken and contraband articles were seized and Fard recovery were prepared on the spot; a copy of which were given to the accused appellants. The appellants alongwith the contraband articles were brought to the police station. P. W. 3 Inspector Shivanand, after investigating the case, submitted charge-sheet against the accused appellants. Charge under Section 23 of the Act was framed against the appellant Roshan and under Section 20 (B) (1) of the Act against the appellant Hakimullah. Both have pleaded not guilty and stated that they have been falsely implicated in this case on account of enmity. In defence they produced D. W. 1 Mohd. Habib Khan and D. W. 2 Naveen @ Nand Kishor. The prosecution, in support of its case, examined P. W. 1 Islam, P. W. 2 Constable Paramhans Mall, P. W. 3 I. O. Shivanand Inspector and P. W. 4, the arresting officer V. P. Shukla. After recording the evidence, Special Judge, E. C. Act, Basti, by a common judgment, convicted the appellant Roshan under Section 23 of the Act and appellant Hakeem Ullah under Section 20 (b) (1) of the Act.