(1.) The challenge in this appeal is the judgment and order dated 31.03.1994, passed by the IVth Additional District Sessions Judge, Barabanki, in Criminal Trial No.104 of 1991 connected with Criminal Trial No.100 of 1991, by which, the appellant has been convicted and sentenced to ten years rigorous imprisonment alongwith a fine of Rs.1.00 lac for the offence punishable under Section 8/21 of Narcotic Drug and Psychotropic Substances Act (here-in-after referred to as 'N.D.P.S. Act').
(2.) The brief facts of the case are that on 23.04.1991 the complainant alongwith his companion Kamlesh Kumar Mishra were on the school duty, at about 10:30 a.m. when they were returning back, they found the appellant, who tried to hide himself and upon suspicion they were intercepted and search was conducted, in which, about 5.00 gm Morphine was recovered from the possession of the appellant, regarding which, the recovery memo was prepared on the spot and the case was registered against him alongwith co-accused Vinod Kumar Singh. The appeal of Vinod Kumar Singh is separate and this judgment shall not apply to him.
(3.) After investigation, the charge-sheet was filed. The appellant denied the charge and claimed trial. The prosecution has examined Mukhram Yadav as PW-1 and constable Kamlesh Kumar Mishra as PW-2, who have proved the recovery from the appellant and have also proved the formal papers of the prosecution. In the statement under Section 313 Cr.P.C., the appellant denied the evidence and stated that he has been falsely implicated in this case.
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