CHOTTEY LAL Vs. STATE OF U.P.

JUDGEMENT

(1.) This is a jail appeal against the judgment and order dated 4.9.2001 passed by the Additional Sessions Judge (Court No. 7), Unnao in Sessions Trial No. 648 of 2000 State Vs. Chhotey under Sec. 8/21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as W.D.P.S. Act'). The accused-appellant has - been convicted and sentenced under Sec. 8/21 of N.D.P.S. Act to 10 years rigorous Imprisonment and fine of Rs. One lack.

(2.) The case of the prosecution is that on 31.12.1999, Sub -Inspector L.J. Dubey alongwith Constable Anil Kumar and Constable Akhilesh Kumar Sharma was on round in his area at about 9.30 p.m. When the police party reached near a wine shop near Railway Station road, they saw a person standing near Vijai Hotel in front of Railway Station and he made an attempt to escape after seeing the police party. After seeing his suspicious conduct the police party arrested that man near Sarika Hotel at about 11.40 p.m. The arrested accused told his name as Chhotey Lal Yadav and when he was interrogated, he disclosed that he was having tablets of Larpoz-2 which are prohibited drug. The accused - appellant was searched by the Police party and before making search, the accused was enquired as to whether he would like to be searched in the presence of the Magistrate or a Gazetted Officer. The accused volunteered to be searched by the Police party out of fear of his being defamed. On search, the police party recovered 22 tablets of Larpoz-2 for which he was not having any license. He gave the statement that he mixes these tablets in the tea which is served to the Railway and Bus passengers. He was told his offence and was arrested and a recovery memo was prepared. Out of 22 tablets of Larpoz-2, five tablets were sent for chemical examination According to the prosecution no public witness was available at the time of recovery. A copy of the recovery memo was given to the accused-appellant. On the basis of the recovery memo, the F.I.R. was lodged at the police station. After completing the investigation, the charge - sheet was submitted in the Court against the accused - appellant.

(3.) In the Court the accused was charged under Sec. 8 read with Sec. 21 of N.D.P.S. Act. He pleaded not guilty.