MAHESH NAI Vs. STATE

JUDGEMENT

(1.) THIS jail appeal arises out of the judgment and order dated 26-3-2001 passed by the 1st Additional Sessions Judge, Etawah, convicting the appellant for the offence punishable under Section 21 of NDPS Act (hereinafter referred to as the 'act') and awarding him sentence to rigorous imprisonment for ten years and to pay a fine of Rs. 1,00,000/ -.

(2.) THE brief facts, as disclosed in the prosecution case are that in the night falling between 31st December, 1999 and 1st January, 2000 at about 3. 10 a. m. when the police party in leadership of P. W. 1, S. I. Rudra Pratap Singh, was out for night patrol, they had to halt near the Railway crossing, which was then closed on account of some train shortly to pass therefrom. While their jeep was stopped on the road, the police party noticed that one person from the other side of the railway line was coming towards the railway gate but when he noticed the presence of the police vehicle there, he immediately turned back and started walking in the opposite direction. PW 1 Rudra Pratap Singh, having got suspicious of the person, immediately got down from the jeep and flashed his torch towards the man and cautioned him to stop. Hearing the police caution and warning, the man started running but the police party, after a little chase arrested him at about 3. 10 a. m. and on inquiry the appellant disclosed his name. On further inquiry as to why he was trying to escape he gave unusual gestures. THE police got suspicious of him and took his search and seized 21 tablet of Nitrazepam. He told the police party that by mixing tablets in the liquor it enhances intoxicating effect twice. He futher admitted that he also consumes it and sells it to the people at the railway platform. PW 1 thereafter, told him that he could be taken to a gazetted officer for his search. But he gave his consent for search being taken by the police party itself. THEreafter, the recovered article was got sealed on the spot and its seizure memo was prepared, a copy of which was handed over to the accused. THE recovered article Nitrazepam and the accused were brought to the police station where the FIR was lodged and the case under Section 8/21 NDPS Act was registered against him.

(3.) THE prosecution in support of its version has examined PW 1, S. I. Rudra Pratap Singh, the arresting officer, Constable Kaushal Kishor and other police personnel, who were members of the police party and had done search and seizure of the contraband from the possession of the appellant, and PW 3, Bhim Singh, the Investigating Officer. THE prosecution has also filed and proved documents in support of its case, Ext. Ka-1 to Ka-7, which include the recovery memo, chick FIR site plan, charge-sheet, extract of general diary and report of chemical examiner etc.