PRADEEP KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order dated 18th January, 1993 passed by Mr. S.C. Bose the then VI Additional Sessions Judge, Gorakhpur in Sessions Trial No. 20/92 whereby the learned Judge found the accused guilty under Sections 8/20 Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred as Act) and sentenced him to undergo rigorous imprisonment for 10 years and fine has also been imposed on him. In default of fine the accused was directed to undergo simple imprisonment for 5 years.

(2.) The prosecution case in nutshell is that on 19.9.1989 at about 5 p.m., B.L. Singh the complainant, who was posted as Excise Inspector, Sector 2, Gorakhpur apprehended the accused. On his search 124 gm. of charas was recovered from the right pant pocket of the accused. It was taken out by the accused himself from his right pocket. A preliminary test was made by the Excise Inspector and finding that it was charas, it was sealed. The recovery memo was also prepared at the spot and was signed by the witnesses as well as the accused. Copy of the fard recovery was also given to the accused. The complaint dated 20th March, 1990 was filed in the Court of the Chief Judicial Magistrate, Gorakhpur on 25th March, 1990. The case was committed to the Court of Sessions by order dated 18.1.1992. The learned Additional Sessions Judge framed the charge against the accused under Sections 8/20 of the Act on 17th June, 1992.

(3.) In support of its case the prosecution led evidence and examined B.L. Singh PW1, Ram Nath PW 2. The prosecution also produced the report of the Chemical Examiner dated 9th February, 1990 (Ex. K3) according to this report recovered item was charas. The accused was examined under Section 313, Cr.P.C. and he denied the allegations levelled against him. He also contended that his father used to sell bhang but he was living separately from his father for the last 15 years. When he was going to meet his mother in Miyan Bazar, he was apprehended by the officials of the Excise Department and was asked to bring his father but when his father did not turn up, he was challaned, although no charas was recovered from him. The accused did not give any evidence in defence.