JAMIL Vs. STATE OF U P

JUDGEMENT

(1.) UMESHWAR Pandey, J. This appeal arises out of the judgment and order of conviction dated 28-2-2004 passed by Special Judge, Allahabad, convicting the appellant for the offence punishable under Section 22 of the Narcotic Drugs and Psychotic Substance Act (hereinafter referred to as N. D. P. S. Act) and sentencing him to rigorous imprisonment for a term of ten years and also to pay a fine of Rs. One Lac.

(2.) THE appellant is said to have been found in possession of contraband, 950 tablets of Dizapam. THE search party had received information while on patrol duty on 18-12-1997 through an informer that the accused was carrying contraband drug and if steps are taken quickly, recovery can be affected. C. W. 1 Padmakar Rai Incharge of Surajkund Police Outpost under Allahabad Kotwali alongwith other subordinate staff including P. W. 1 constable Kamlesh Babu Mishra proceeded for the spot and on arrival the informer indicated towards the appellant who noticed the presence of the police party and tried to escape, but P. W. 1 warned him to stop at which he started running away, but after a chase of 20-30 paces he was apprehended at 11 p. m. He disclosed his name as Jamil and when the suspicion of the raiding party was disclosed to him he admitted of carrying contraband tablets. He was given option for his search to be taken before a Gazetted Officer to which he declined and agreed for his search being taken by the Seizure Officer Padmakar Rai himself. On search being taken 950 tablets of Dizapam in a plastic container on which its description of contraband was given. C. W. 1 got the contraband sealed on the spot and prepared the recovery memo (Ext. Ka-1 ). THE recovered contraband and the accused were brought to the police station where the case was registered under Section 22 of the N. D. P. S. Act.

(3.) THE prosecution in the present case has examined constable Kamlesh Babu (P. W. 1), who was a member of such police party. It appears that the evidence was closed and later on the Court, at its instances, summoned the Recovery Officer, S. I. Padmakar Rai and examined him as C. W. 1 and the Investigating Officer of this case Rajesh Srivastava as C. W. 2. THE prosecution has also proved the documents (Exts. Ka-1 to Ka-6 ).