DEVENDRA SINGH Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Girish Kumar, holding brief of Sri Jai Pal Singh, learned counsel for the appellant as well as learned AGA for the State.

(2.) INSTANT criminal appeal has been filed by Sri Devendra Singh son of Guru Bachan Singh, resident of 1/8 Lajpat Nagar, P.S. Kotwali Barabanki, challenging the judgment and order dated 5.9.1990 passed by IInd Additional Sessions Judge, Barabanki, in Sessions Trial No.29 of 1989, by which appellant was convicted under Section 21 of Narcotics Drugs and Psychotropic Substances Act and was sentenced to undergo Rigorous Imprisonment for 10 years and also to deposit fine of Rs. 1,00,000/ -

(3.) ACCORDING to the prosecution version, on 31.8.1987 while S.I. Arun Kumar Singh, Sri Rang Upadhyay constable and constable Chhotey Lal were busy in maintaining law and order duty, on account of Moharam, they were informed by Mukhbir that Devendra Singh son of Sardar Guru Bachan Singh is at his residence and is indulged in selling of smack (morphine). Some persons have gathered there to purchase it. On believing this information police party went to the house of Guru Bachan Singh and when peeped in from open door. They found that in the court -yard of the house, one person is present having a red container in his hand. He was apprehended then he told his name to be Devendra Singh son of Guru Bachan Singh, resident of Mohan Lajpatnagar house no.1/9, P.S. Kotwali, District -Barabanki. The red container was taken into custody and when opened, brown colour powder like morphine in a white packet and a small paper packets containing brown powder like Morphine was recovered alongwith one Tarazu, one Lota of some metal and weights of 50 grams, 20 grams, 10 grams, 5 grams and 2 grams and 1 gram and a coin of one rupee. Morphine was weighed and it was found to be 3 grams. Accused was arrested under Section 8/27 NDPS Act at about 7.00 P.M. Sample of the morphine was taken and kept in a cloth and was sealed along with other recovered articles. Neighbours were not ready to be a witness. Fard was prepared, copy of the Fard was provided to the accused and a case was registered. After investigation and from the report of Forensic Science Laboratory, it was found that the recovered article was heroine, charge -sheet was submitted. During trial, charge under Section 21/27 N.D.P.S. Act was framed. Accused pleaded not guilty and claimed to be tried.