KRISHNA MURARI PAL Vs. STATE OF U P

JUDGEMENT

(1.) This criminal appeal has been filed against the judgment and order dated 26.6.2008 passed by Sri Sanjeev Kumar the then Addl. Sessions Judge, Fast Track Court No.22, Allahabad in Sessions Trial No.80 of 2005, State vs. Krishna Murari Pal and others, under Section 8/20(c) of the NDPS Act P.S. Mutthiganj District Allahabad whereby the accused appellant has been convicted and sentenced to undergo 12 years rigorous imprisonment and to pay a fine of Rs. 1 lac. It was also directed that in default of payment of fine the accused appellant will have to further undergo one year imprisonment.

(2.) The prosecution case, in nutshell, is this that on 23.9.2005 at 8.45 p.m. Sub Inspector Sri Narayan Tripathi along with other police personnel checked Tata Sumo No.UP 70-AG-0063 near Ewing Christian College Allahabad lying in the cirlce of P.S. Mutthiganj Allahabad and from the search of the aforesaid vehicle 125 kg. Ganja was recovered from that very vehicle. The accused appellant and co-accused Man Singh were sitting in the aforesaid vehicle. The driver of that vehicle namely Suresh Jaiswal had fled away after leaving the aforesaid vehicle on the spot. The accused appellant and co-accused Man Singh were arrested by the police. The sample was taken from the said recovered contraband. The said sample was sent to Forensic Science Laboratory and after examination the said contraband was found to be Ganja. The recovery memo (Ext.Ka.1) was prepared on the spot and on the basis of that recovery memo a case at Crime No.98 of 2005 under Section 8/20 (c) of the NDPS Act was registered in P.S. Mutthiganj Allahabad. The check FIR of that case is Ext.Ka.2. After completing the investigation charge sheet was filed against the accused appellant Krishna Murari Pal and two co-accused Man Singh and Suresh Jaiswalunder Section 8/20 (c) of the NDPS Act. The charge sheet (Ext.Ka.4) was filed in the court of Sessions Judge Allahabad where from this case was transferred to the court of Addl. Sessions Judge, Fast Track Court No.22, Allahabad.

(3.) The trial court framed the charge against the accused appellant under Section 8/20(c) of the NDPS Act. The accused pleaded not guilty to the charge and claimed to be tried.