RAM PAL Vs. STATE OF U P

JUDGEMENT

(1.) UMESHWAR Pandey, J. This criminal appeal has been preferred against the order of conviction and sentence dated 21-8-2000 passed by the Additional Sessions Judge, Kanpur Dehat.

(2.) THE facts as alleged against the appellant are that on 2-11- 1996 while the recovery officer PW 1, Inspector, Ashwani Kumar Sinha was going to make arrest of certain accused in a murder case alongwith his police party, the appellant was found coming on the road. He turned back and tried to escape at which PW 1 got suspicious about him and after a little chase he was arrested by the police party. He disclosed his name and on interrogation as to why he was trying to run away, he admitted of carrying 3 Kgs. of charas. THE arresting officer when under Section 50 of N. D. P. S. Act (hereinafter referred to as the 'act'), informed him of his right for the search being taken in presence of a Gazetted Officer or a Magistrate, he replied that his search be taken by the police people present there. As such, during the search 3 Kgs. of contraband appearing to be charas was recovered from a plastic bag carried by him. PW 1 took out two samples of 25 gms, each from the recovered material and prepared its samples. THE remaining material was sealed in the same bag in which the accused was carrying it. THEreafter, the recovery memo (Ext. Ka-1) was prepared and a copy of the same was furnished to the appellant. THE recovered article and the accused were brought to the Police Station and on the basis of recovery memo, the report was lodged.

(3.) THE accused had pleaded not guilty to the charges. He stated that there was some recovery of charas from the possession of another person namely Hari Mohan and out of the recovered contraband of his possession, a part of it was planted in the present case and the appellant has been falsely implicated.