KARAN PATHAK Vs. STATE OF U. P.

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order dtd. 3/2/2003 passed by learned Additional Sessions Judge (Court No. 4), Barabanki, in Criminal Trial No. 141 of 1997, convicting and sentencing the appellant under Sec. 8/18 of N.D.P.S. Act for two years rigorous imprisonment alongwith fine of Rs.5,000.00, with default stipulation.

(2.) Briefly stated, the facts of the prosecution case are that on 6/5/1997, Station House Officer, Rahimuddin Khan, was on patrolling duty along with other Police personnel and when he received information that one person is sitting at the door of Prakash Pathak of village Kotwa Sadak. Believing on this information, the Police Party tried to procure witnesses, but nobody became ready to witness the incident. Then the S.H.O. alongwith other Police personnel reached the spot. Seeing the Police, the person sitting there started running, however, he was caught by the police party. On being asked his name, he told Karan Pathak. Upon interrogation, he confessed that he was carrying morphine; He was told that he had options either to get him searched before Gazetted Police Officer or before patrolling police officer. Thereupon, he asked the police party to conduct search upon him. Thereafter, accused was searched out by the patrolling police party with his consent. About 250 gms. of morphine was recovered from the accused person. Thereafter, recovery memo was prepared; recovered contraband morphine was sealed; the accused were arrested and a criminal case on the basis of recovery memo was lodged under Ss. 8/18 of N.D.P.S. Act at Police Station Ram Sahehi Ghat, District Barabanki.

(3.) After investigation charge sheet was filed against the appellant.