ARI VIJAY SINGH Vs. STATE F U P

JUDGEMENT

(1.) THIS appeal has been preferred against the Judgment and order dated 24-3-2006 passed by Sri Mangal Prasad, Additional Sessions Judge, fast Track Court No. 4, Kanpur Dehat in Special Trial No. 112 of 2000 State v. Ari Vijay arising out of case crime No. 264 of 2000 under Section 20 (b) (ii) Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "n. D. P. S. Act. ") Police Station Shivli District kanpur Dehat convicting him under Section 20 (b) (ii) of the N. D. P. S. Act and sentencing him to undergo rigorous imprisonment for 10 years and to pay fine of Rs. One lac and in default of payment of fine to undergo rigorous imprisonment for further period of one year.

(2.) BRIEFLY stated the prosecution case is that on 20-9-2000 complainant Jai Prakash yadav (Station Officer) along with other police personnel was going on official jeep towards Aniha Police outpost on canal bridge bhiwan on patrol duty and also in search of wanted accused and when he reached canal bridge Ramgarh, he saw that a person coming on foot from the side of canal bridge ramgarh towards Bhiwan bridge. As soon as the Jeep reached Ramgarh bridge, the said person suddenly started crossing ramgarh bridge hurriedly. On suspicion the police party challenged him and apprehended him at about 14-30 hours by using necessary force. After apprehending the accused interrogation was made about his name and address and a search was taken in the presence of accompanying witnesses of the police party because none of the pass-ersby agreed to be a witness of the occurrence. The accused disclosed his name as ari Vijay Singh and on search 2 Kilogram charas was recovered from a jute bag which he was carrying in his right hand of which no licence was shown by him. The said charas was contained in four packets covered by polythene. Each packet was 1 /2 kilogram in weight. When ,the accused was asked as to whether he would like to be searched before a Gazetted officer or a Magistrate, then he told that since he has already been apprehended by the police, hence they (members of the police party) may themselves take the search. The occurrence was a sudden occurrence. The accused was taken into custody after disclosing him the reason for arrest. 50 Grams of charas was taken out from one of the packets as a sample and the recovered charas was kept in the same bag and after stitching it was sealed at the spot. The recovery memo was read over to the witnesses and their signatures were obtained on it and a copy of the recovery memo ws given to the accused.

(3.) THE sample was sent for chemical analysis to the Vidhi Vigyan Prayogshala, lucknow and the report submitted by the joint Director of the said Laboratory after physical and chemical analysis that proved the seized contraband to the Charas.