CHANDAN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) ONKARESHWAR Bhatt, J. This appeal is directed against judgment and order dated 3-8-1994 passed by the then Ist Addl. Sessions Judge, Saharanpur in Special Case No. 68 of 1993. The appellants have been found guilty under Sections 8/15 of the Narcotic Drugs and Psychotropic Substances Act, hereinafter referred to as the Act, and has been sentenced to ten years rigorous imprisonment. In default of payment of fine simple imprisonment for two years has been awarded.

(2.) SRI K. Ajit, learned Counsel for the appellants and the learned A. G. A. for the State have been heard.

(3.) IN view of the above facts and also the inconsistencies about time of arrest, the entire recovery of the contraband alleged to have been made from possession of the appellants becomes suspect which renders the arrest, search and seizure of the contraband from possession of the appellants on the date and time alleged by the prosecution to be doubtful. The case is not free from doubt and the appellants are entitled for the benefits of doubt and acquittal.