SHIV CHARAN Vs. STATE OF U.P.

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment and order dated 12-4-1994 according to which the appellant was convicted under Section 8/20/23 of the N.D.P.S. Act by the Spe­cial/Additional Sessions Judge, Bahraich who sentenced him to undergo 10 years R.I. and affine of Rs. 1,00,000.

(2.) THE case against the appellant was that on 11-10-90 at about 4.00 p.m. when P.W.1, Inspector Dharamraj Azad, Station Incharge of Police-station Rupaidiha, Bahraich alongwith P.W 2 Constable Vish­nu Narain Awasthi and other police, per­sonnel were going for investigating a mur­der case in the police jeep, they came across a person on the road in front of village Jiagaon. After seeing the police personnel, he wanted to run away but the police party was able to apprehend him. He revealed his name as Shiv Charan, ap­pellantand on search being made below the shirt in a bag like pouch some in­toxicant was found. On being asked, he stated that it was Charas which he was bringing from Nepalganj. The appellant was made to remove the Sadari from his body and after breaking the stiches, five kilograms of Charas kept in bundle of plas­tic was recovered from the possession of the appellant and recovery memo was prepared. An F.I.R. of the case was registered on the same day at 5.30 p.m. by P.W.1 Inspector Dharamraj Azad. The recovered article was sent to the chemical examiner who reported on 26-8-1993 that it contained Charas.

(3.) THE appellant in this case is in jail. He could not engage any Counsel and therefore, Sri Jayant Singh Tomar was ap­pointed as amicus curiae. We have heard Sri Tomar as well as Additional Govern­ment Advocate.