HANSRAJ @ HANSU Vs. STATE

JUDGEMENT

(1.) In this jail appeal the judgment and order of conviction and sentence dated 21.11.2001 passed by the Special Judge (N.D.P.S. Act), Kanpur Nagar, has come under challenge.

(2.) The appellant during trial was charged for the offences punishable under Sections 18/20 N.D.P.S. Act (here-in-after referred to as the 'Act') and under Sec. 60 of Excise Act. The trial court on completion of the trial and on hearing the counsel for the appellant as well as the state counsel, found that the aforesaid offences were proved and he accordingly passed the impugned judgment convicting the appellant and sentencing him to rigorous imprisonment for a term of ten years and also to pay a fine of Rs. 1,00,000.00 for the offence punishable under Sec. 20 (b) (ii) of the Act and one year rigorous imprisonment for the offence punishable under Sec. 60 of the Excise Act.

(3.) The brief facts of the case are that the Station House Officer, Naubasta police station, District Kanpur Nagar, received an information through a police informer, while he was on patrol duty in the city along with other police personnels, that the appellant accused along with one other was taking out liquor for illegal sale. The Station House Officer along with his staff and the informer proceeded immediately for the spot indicated where the accused could be available and on identification by the informer he arrested the appellant but his companion, however, taking advantage of the darkness, escaped. After arrest, the appellant disclosed his name as Hansraj @ Hansu and on interrogation he disclosed of having 300 grams of contraband charas in his pocket. Thereafter, he was offered of his search to be taken in presence of a gazetted officer or a Magistrate but he declined and told that his search could be taken by the Station House Officer, as he was already arrested. On formal search being taken, 300 grams of contraband charas was recovered from his trouser pocket. 2700 pouches of country made liquor was also recovered from out of 18 plastic bags, which were kept in the premises belonging to the accused. Accordingly, after this recovery, the recovery memo (Ext. Ka-1) was prepared a copy whereof was given to him. The entire contraband charas and the country made liquor kept in 2700 pouches were got sealed on the spot and necessary samples with specimen seal were also prepared then and there. Subsequent thereto the accused along with recovered articles was brought to the police station where the F.I.R. (Ext. Ka-3) was lodged on the basis of the recovery memo. The matter was investigated by another Sub-Inspector of the police station and charge sheets in both cases i.e under the Act and the Excise Act (Ext. Ka-5 and Ka-6) were filed.