EKRAM WARIS Vs. STATE OF U P

JUDGEMENT

(1.) THE appellant accused has challenged the judgment and order dated 30 -6 -1997 passed by the Sessions Judge, Ghazipur, convicting and sentencing him for the offence punishable under Section 8/21 N.D.P.S. Act (hereinafter referred to as the 'Act') to rigorous imprisonment for a term of 10 years and also to pay a fine of Rs. 1,00,000/ -. It was also provided that in default of payment of fine, he would further undergo rigorous imprisonment for a term of six months.

(2.) THE background facts of. the case are that the appellant Ekram Waris was noticed by the police party of which PW 3 Sri Ram Tripathi, S.I. was the leader, while they were on patrol duty on 7 -3 -1996. The appellant having seen the police personnel approaching him tried to run away. But the police party having sensed something foul in such conduct of the accused chased and apprehended him at once. On interrogation, the accused told that he was carrying some 'Heroin' for his personal use as well as for the purposes of its trafficking. PW 3, Sri Ram Tripathi, S.I. gave option of the personal search of accused before a Magistrate or a Gazetted Officer but the appellant replied that he was willing for his search to be taken by the police personnel present there. Thereafter, each member of the police party gave option of his search to the accused to assure him that they were not in possession of any contraband with them. Thereafter, the search of the appellant was taken in which 10 small packets of contraband 'Heroin' (Ext.1) weighing about 1/2 gram were recovered. These packets recovered from a matchbox and after its recovery the packets were kept in the same matchbox and were sealed on the spot itself. The recovery memo was prepared on the spot and after obtaining signature of the accused on it a copy of the same was provided to him. The accused alongwith recovered contraband was brought to the Police Station and the F.I.R. was registered on the basis of recovery memo. The recovered contraband was kept in the police Malkhana and the matter was reported by PW 3 immediately to his officer superior, the in - charge, Inspector of the Zamaniya Police Station.

(3.) THE report of Chemical Analyst (Ext. Ka -7) was received by the Investigating Officer on 30.08.1996 in which all the 10 small packets of contraband were found to be 'Heroin'.