VIRENDRA SETH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The appellant was charged and tried for the offence punishable under Section 21 of the N.D.P.S. Act (in short "the Act") before the Sessions Judge, Ghazipur. He was convicted and sentenced vide impugned judgment dated 20-12-1997, to undergo rigorous imprisonment for a term of ten years and to pay a fine of Rs. One Lac, in default of the payment of which it is also directed that the appellant would undergo further rigorous imprisonment for a term of six months.

(2.) The short facts of the case are that on 18-1-1997, while the Sub Inspector of Police, Nag Narayan Singh (P.W. 1) of P.S. Mardah, District Ghazipur was patrolling in his area along with police team consisting of constable Shri Niwas Dubey {P.W. 2), constable Rakesh Kumar (P.W. 3), and others, he found the accused sitting at the shop of Shankar 'Chae Wala'. He, after having seen the police party, tried to run away giving rise to suspicion in the mind of (P.W. 1). He was chased and apprehended. He when asked about the reason of his sudden attempt to flee away from the shop at the sight of police, he replied that he was having five small packs (Puria) of contraband Heroin and getting frightened with the presence of police he tried to run away. S.I. Nag Narayan Singh (P.W. 1), after having known that the appellant was in possession of the contraband drug, he asked the accused if he wanted his search to be taken in presence of some Gazetted Officer/Magistrate. The appellant did not respond positively and told that the search and seizure of the contraband article lying in his possession may be taken by the police themselves. On search being taken, five Purias of Heroin weighing about 1.25 Gms was recovered from the possession of the appellant. Virendra Seth. After legal formalities, the contraband was got sealed and its recovery memo was prepared on the spot. The accused along with the recovered article was brought to the Police Station and F.I.R. was lodged the same day (18-1-1997).

(3.) The Incharge of the Police Station, Shishir Trivedi (P.W. 4), investigated the case, sent the recovered article for chemical examination to the serologist and after completing the investigation submitted chargesheet.