SANTOSH KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) THIS criminal appeal has been filed by the appellant challenging the judgment and order of conviction passed by the Additional Sessions Judge, Court No.2, Sultanpur in Criminal Case No.104 of 1997, whereby the appellant has been convicted under Section 8/20 NDPS Act and has been sentenced to under go rigorous imprisonment of nine months and a fine of Rs.2,500/ - has also been imposed on him. I have heard the learned counsel for the appellant and the learned A.G.A. for the State.

(2.) THE prosecution case, in short, is that on 18.10.1997, when the Station House Officer, Police Station Haliyapur, District Sultanpur was on patrolling duty along with other police men, he found a person coming from Haliyapur, who was having a bag on his right shoulder. It is said that the police party asked him to stop, but he instead of stopping, tried to escape from there. However, the police party apprehended him at about 4.15 a.m. On being asked, he told? the police that his name was Santosh Kumar Singh. He was found to be in possession of about one and half kilogram of Ganja in a plastic bag. He had no licence to carry the Ganja. The police party arrested the appellant and sealed the narcotics substance recovered from his possession. Thereafter, he was brought to the police station and a case was registered against him. The investigation of the case was handed over to Sub Inspector Puttu Lal, who conducted the investigation and after completion of investigation, submitted a charge -sheet against the appellant.? ?

(3.) THE prosecution examined four witnesses before the court below. The learned trial court on the basis of evidence on record found the accused guilty of the offence and convicted him, as aforesaid.