JITENDRA SINGH RATHORE Vs. STATE OF U.P.

JUDGEMENT

(1.) The present appeal has been preferred against the judgment and order dated 7.8.2006 passed by Additional District and Session Judge, Court No.8, Kanpur Dehat in Session Trial No. 164 of 1999 convicting and sentencing the appellant under Section 20-b (ii) (C) to undergo 15 years rigorous imprisonment with a fine of Rs. 1,00,000/- and in default of payment of fine to further undergo additional imprisonment of three years.

(2.) The prosecution case in brief is that on 4.8.1999, the informant M.P. Singh was on patrol duty along with other police personnel in Jeep No. U.P.-77 6474 and Gypsi No. U.P.-77 6557 to maintain law and order. When they reached at Akbarpur Inter College, they received a secret information by an Informer that one person is sitting at about 50 paces from a Mazar at Rura Road and he was sitting with a bundle of white bag in which there is contraband article, i.e., Charas. On receiving the said information, the patrolling party proceeded towards the said direction along with the said Informer. On reaching the said place, the informer pointed out towards the said person and left the Jeep. Thereafter the patrolling party stopped the said person at 13:30 p.m. and made an interrogation from him on which he told his name to be Jitendra Singh Rathore son of Lal Singh Rathore resident of Balrampur, police station Mangalpur, District Kanpur Dehat. The patrolling party informed the appellant that they have got an information that he is carrying some contraband article in his bag and if he wishes he may be searched before the nearest Magistrate or Gazetted police officer on which the appellant stated that when he has been arrested by them there is no need to go anywhere and they may take a search of him. On which the informant prepared a memo under Section 50 of the Narcotics Drug and Psychotropic Substance Act (hereinafter referred to as 'the Act') and also got the signature of the appellant on the said memo and thereafter his search was made by the police officers.

(3.) On search, it was found that the appellant was carrying 29 packets of contraband article, i.e., Charas kept in a white bag. The appellant was taken into custody and an F.I.R. was lodged on the same day at about 15:10 hrs. at police station Akbarpur in district Kanpur Dehat as Case Crime No. 487 of 1999 under Section 18/20 of the Act which is marked as Ex. Ka-4. The fact about registration of the F.I.R. was also endorsed in G.D. No. 30, a carbon copy of which was marked as Ex. Ka-5. The Investigating Officer prepared a site plan which was marked as Ex. Ka-6. The sample was taken from the recovered contraband article under the orders of the Court and sent for chemical analysis to Forensic Science Laboratory, Lucknow. The report of the Forensic Science Laboratory, Lucknow was received and marked as Ex. Ka-7. The Investigating Officer on the basis of the evidence collected during investigation, i.e., the recovered article which is marked as Ex. Ka-1 and the memo prepared under Section 50 of the Act marked as Ex. Ka. 2 submitted a charge-sheet against the appellant in the court which was marked as Ex. Ka.8.