RAM DAS GUPTA Vs. STATE OF U P

JUDGEMENT

(1.) THE appellant has come up before this Court challenging the judgment and order dated 2 -4 -1991 convicting him for the offence punishable under Section 18 of the N.D.P.S. Act and sentencing him to rigorous imprisonment for a term of ten years and also directing him to pay a fine of Rs. 1,00,000/ -.

(2.) THE alleged facts in support of the charges framed against the appellant are that P.W. 1 -S.K. Mishra, the then Excise Inspector, Ghatampur, District Kanpur Dehat, while on 4 -3 -1989, had gone to Bhognipur for some official work, he was reported by an informer that one person is trafficking in opium contraband in Pukhraya Bazar. The Excise Inspector acting upon this information went to the police station Bhognipur and sought police help. Thereafter he proceeded alongwith his staff, two police constables namely Chandra Kishore and Sahansarpal Singh and the informer for ward No. 2, Patel Nagar, Pukhraya Bazar. The informer identified the residence of the appellant accused Ram Das. P.W. 1 prepared the search memo (Ext. Ka -1) and called three persons from public to become witnesses. The Excise Inspector, members of the staff and the public witnesses all gave their personal search to each other and thereafter P.W. 1 told Ram Das that his search was to be taken and he was informed that his search may be taken before a Gazetted Officer but he agreed to give his search to the Excise Inspector. On the search made, the appellant was found keeping opium, which was taken out from the left pocket of his Sadari. One weighing machine was also recovered from the appellant's pocket and the recovery memo was prepared after preliminary test of the recovered contraband. The Excise Inspector -S.K. Mishra also prepared a site -plan (Ext. Ka -4) of the place of recovery and he brought the recovered article alongwith accused to the police station where he lodged the First Information Report (Ext. Ka -6). The recovered article was deposited with the Excise malkhana and after about more than five months vide letter dated 14 -8 -1987 (Ext. Kha -1) of the Judicial Magistrate, this recovered opium is said to have been sent for chemical examination to Lucknow Laboratory.

(3.) THE Excise Inspector sent challani report (Ext. Ka -7) against the appellant to the Magistrate concerned, who thereafter committed the case to the Sessions Court vide order dated 11 -10 -1990.