SADHU DAS Vs. STATE OF U P

JUDGEMENT

(1.) Sadhu Das appellant, who was convicted by Shri Rajendra Nath the then lind Additional Sessions Judge, Bareilly vide his judgment and order dated 5-12-199 1 under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and Section 60 of the Excise Act and was sentenced to undergo R.I. for a period of 10 years and to pay fine of Rs. 1 lac and in default of payment of fine to further undergo RI. for a period of two years on the first count and 2 months RI. on the second count, has come up in appeal before this Court.

(2.) The prosecution story briefly stated is as follows: On 6-1-1990 at about 8.30 a.m. Shri Rishi Kumar P.W.-1, who was then working as S.O, P.S. G.RP. Bareilly Junction received information from the informant that a person wearing brown coat was having illicit liquor in his possession and was sitting under the Pakar tree near Baiteri room on plate form No.1, on Bareilly Junction. S.O. Rishi Kumar accompanied by Brij Raj Singh S.I. and other Constables as also Dharam Pal, P.W.-2, witness of the public, went to take personal search of the accused appellant and thereupon a bottle of country made liquor as also 50 kg of Dondas of opium were recovered from the possession of the accused appellant. The accused appellant was accordingly prosecuted and convicted as aforesaid. Aggrieved by the judgment and order of the lInd Additional SessionsJudge, Bareilly, the accused appellant has come up in appeal before this Court.

(3.) I have heard Sri P.G. Srivastava, Amicus Curiae for the accused appellant and Shri V.S. Misra, Additional Government Advocate, for the State, considered their contentions and have gone through the facts and circumstances of the case.