RIFAQAT ALIAS FAKKAR Vs. STATE OF U P

JUDGEMENT

(1.) SHIV Shanker, J. This criminal appeal has been preferred against the judgement and order dated 10. 1. 1995 passed by 1st Additional Sessions Judge, Saharanpur in Special case No. 45/93 convicting and sentencing the ap pellant under Section 15 of N. D. P. S. Act awarding sentence for 10 years R. I. with fineofrs. 1,00,0007- and in default of fine, further R. I. for two years.

(2.) BRIEF facts arising out of this appeal is that on 8. 5. 92, S. I. Jagat Kumar Singh P. W. 1 accompanied with constable Asgar All P. W. 2 and constable Sheoraj Singh had proceeded from the concerned police station on patrolling duty for tracing out the wanted miscreants towards Sekhpura Kadim and reached at the crossing of Bani, where one person taking a plastic bag upon his shoulder, was seen. After seeing the police personnel he had turned and had tried to run away, upon which he was challenged but he did not stop. Thereafter he was arrested at 8 P. M. at the distance of 40 steps from the crossing and disclosed his name Rtfaqat alias Fakka. It was suspected that he was having doda powder. Therefore, he was asked to get him searched from the gazetted officer, upon which he replied that he was satisfied and he could be searched by them. Thereafter, he was searched and found with 10 Kg. Doda powder (Ex. Ka-2) in a plastic bag without having licence. Recovered contraband article was taken from the posses sion of appellant and sample of 200 Grams doda powder in a bag of polythin was also sealed in separate clothes. No any public witness was available due to sudden arrest in jungle. Recovery memo (Ex. Ka-1) was prepared in torch light and signature was obtained from the accused also and its copy of Fard was given to the accused along with recovered contraband article and sample were taken to the concerned police station, where accused was kept in Hawalatand chick F. I. R (Ex. Ka-2) was prepared on the basis of recovery memo (Ex. Ka-1) and case under Section 18/42 N. D. P. S. Act was registered against the above accused Investigation of this case was entrusted to S. I. . R. P. Sharma. Such sample was sent to chemical examiner, from where chemical examination report was received by the Investigating Officer and charge sheet against above accused was submit ted in the Court.

(3.) AFTER considering the whole evidence on record, the above accused was convicted for the charge levelled against him and he was sentenced as above. Feeling aggrieved by it, the above accused has filed the present criminal appeal in this Court.