LIYAQAT ALI Vs. STATE OF U.P

JUDGEMENT

(1.) Heard Sri Vikas Vikram Singh and Sri Syed Mehfuzur Rehman, learned counsel for the appellant, learned AGA for the State and perused the record.

(2.) The instant appeal has been preferred under Sec. 374 of Cr.P.C. against the judgement and order dtd. 29/10/1998 passed by Additional Sessions and District Judge, VIIIth, District Lucknow in Session Trial No. 110 of 1994, arising out of Case Crime No. 352 of 1994, Police Station Hazratganj District Lucknow, wherein, the appellant, Liyaqat Ali, has been convicted and sentenced for the offence under Sec. 8/21 of Narcotics Drugs and Psychotropic Substance Act, 1985, (hereinafter referred as 'NDPS Act') for 10 years rigrious imprisonment with fine of Rs.1,00,000.00 and in default of payment of fine he shall further undergo two years of simple imprisonment and in Case Crime No. 353 of 1994, Police Station Hazratganj, District Lucknow, in addition to the aforesaid sentence, the appellant has also been convicted and sentenced for the offence under Sec. 25/4 of the Arms Act, 1959 for one year of simple imprisonment. Both the sentences were ordered to be run concurrently.

(3.) The prosecution case in brief is that on 23/3/1994 at 11:45, the appellant/accused was arrested by the Police at the boundary of Gora Kabristan and a knife as well as 500 gms Smack was recovered from his possession. On being confronted to produce the license of keeping the knife as well as the contraband/smack, the accused-appellant failed to produce any valid document. Inspector Sunil Kumar Mishra prepared the recovery memo on the place of occurrence on the basis of which Head Constable Harful Verma scribed the First Information Report and made an entry in the GD regarding the possession of illegal arm and contraband with the accused-appellant on basis of which the First Information Report was registered and the investigation was carried by Sub- Inspector S.S. Hussain and on account of incompletion of the investigation, the investigation was entrusted to Sub-Inspector, R.K. Tiwari but also due to some reasons, he could not complete the investigation and then the investigation was entrusted to V.K. Trivedi who after completing the investigation and on the basis of FSL Report ascertaining that the contraband recovered from the possession of the appellant is Smack, filed a charge-sheet against the appellant under Sec. 8/21 of the NDPS Act and under Sec. 25/4 of the Arms Act.