NARESH PANDEY Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Appellant, Naresh Pandey, has preferred this appeal against judgment and order dated 15-12-1999 passed by the then II Addl. Sessions Judge, Varanasi. By the impugned order the appellant has been convicted under S. 22 of the 'Narcotic Drugs And Psychotropic Substances Act, 1985', hereinafter referred to as the Act, and sentenced to ten years rigorous imprisonment and to a fine of Rupees one lac and in default of payment of fine two years rigorous imprisonment has been ordered.

(2.) Sri P. N. Misra, learned Senior counsel appearing for the appellant and the learned A.G.A. appearing for the State have been heard.

(3.) On 1-3-1996 P.W. 2 Sub-Inspector Pradeep Kumar Verma along with P.W.1 Constable Baamdeo Tiwari and two other constables was engaged in law and order duty in the area of outpost Dashashomedh, Varanasi. He received information that the appellant was having contraband charas for sale on Man Mandir Ghat. The appellant was arrested at 4.45 P.M. by the Sub-Inspector after complying with the provisions of S. 50 of the Act and on his search ten grams of charas of brown colour wrapped in a polythene was recovered. The charas was kept in a match-box and was sealed. First information report was lodged at 6.30 P.M. at police station, Dashashomedh, Varanasi. The case was registered and investigated and chargesheet was laid against the appellant. On analysis the seized article was found as charas by the Chemical Examiner.