NAEAM Vs. STATE

JUDGEMENT

(1.) This criminal appeal is directed against the impugned judgment and order dated 6.9.1989 passed by the learned IIIrd Additional Sessions Judge, Varanasi in S.T. No. 28 of 1989, State Vs. Naeam, convicting the appellant under Sections 18 and 22 of the N.D.P.S. Act and sentencing him to undergo 10 years rigorous imprisonment and fine of Rs. 1 lac with default sentence of 4 years rigorous imprisonment for the offence under Section 18 of N.D.P.S. Act and further sentenced him under Section 22 of the N.D.P.S. Act to undergo 10 years rigorous imprisonment and fine of Rs. 1 lac with default sentence of 4 years rigorous imprisonment. Both the sentences shall run concurrently.

(2.) The prosecution version in brief is that the complainant, who was then intelligence officer of Narcotics Control Bureau, Varanasi (in short 'N.C.B.') on a tip-off that the appellant is a drug paddler and is keeping illicit N.D.P.S. substance at his house, laid a trap of the house of the appellant/accused-Naeam on 17.9.1987 at 10.00 A.M. along with other officials of N.C.B. Search of the premises of the appellant was conducted in between 10.00 A.M. to 12.00 Noon and 385gms opium and 68 Methaquelone tablets were recovered from the room which was under occupation of the appellant. The search was made under the powers conferred upon the complainant under Section 42 of the N.D.P.S. Act. After taking 3 samples each of the recovered opium and Methaquelone tablets, the samples and the rest of the N.D.P.S. substances recovered, were sealed in separate packets in presence of the accused/appellant and the witnesses. Seizure memo was prepared on the spot and the statement of the appellant/accused under Section 67 of the N.D.P.S. Act was also recorded in writing and he admitted his guilt. Accordingly, the appellant was arrested and was produced before the court concerned on 18.9.1987. He was remanded to judicial custody. The complainant (the intelligence officer of N.C.B.) lodged a complaint in the court concerned, on which the court has taken cognizance on 22.12.1987 for the offences punishable under Sections 18 and 22 of the N.D.P.S. Act. During the trial, the accused/appellant pleaded not guilty and also denied the recovery of the N.D.P.S. substances from his room. The prosecution produced evidence and ultimately after hearing the learned counsel for both sides, the trial court found the appellant guilty under Sections 18 and 22 of the N.D.P.S. Act and sentenced him as aforementioned.

(3.) The accused/appellant having been dissatisfied with the judgment of the trial court, filed this appeal.