GOVIND BAJPAYEE Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Pankaj Shukla, Advocate assisted by Sri Puneet Kumar Gupta, Advocate, appearing for appellants and learned A. G. A.

(2.) This appeal arises out of the judg ment and order of conviction and sentence dated 30-1-1990 passed by the Additional Sessions Judge, Banda.

(3.) The story of the prosecution is that the appellants Govind Baj payee and Jugal Kishor were fou.nd in possession of contraband 'Ganja' arid 'Afeem' being sold at the shop of the appellant Jugal Kishor. Before actual recovery could be conducted, the appellant Jugal Kishor had slipped away from the shop and at the time of search small packets of 'Ganja' weighing 150 gms. and 'Afeem' weighing 32 gms. were recovered and taken in possession. The accused Govind Bajpayee was taken into custody and after doing the spot formalities, the complainant PW 1 Tehsildar Singh, the then. Dy. S. P. (C. O.), Banda brought the accused and recovered articles along with recovery memo etc. to the Police Station and the F. I. R. was lodged. The investigation was started and charge sheet was submitted against both the appellants. The recovered articles were sent for chemical examination/which on analysis were found to be 'Ganja' and 'Afeem'.