SHYAM KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) THIS criminal appeal has been preferred against the judgment and order dated 12.8.1992 passed by IV Additional Sessions Judge, Aligarh in S.T. No. 71 of 1988 State v. Shyam Kumar convicting the appellant under section 18 of N.D.P.S. Act and sentencing him to 10 years R.I. with a fine of Rs. One lakh and in default of payment of fine, the appellant will suffer an additional sentence of 3 months R.I.

(2.) BRIEF facts arising out of appeal is that on 4.6.86, Station Officer of Police Sta ­tion Gangiri, district Aligarh along with P.K. Tyagi P.W.3, S.I. Sheoraj Singh Malik, head constable Ramesh Chandra, constable Bhagwati Prasad, Homeguard Hemraj and Khemkaran through G.D. No. 32 at 8.05 P.M. had proceeded from the police station for searching the wanted accused in pa ­trolling duty. They were coming towards Kasba of Gangiri through cycle. After giv ­ing pressure (Dabis) on accused reaching at Gurukul where one person having one bag in his hand, was seen coming on foot from Gangiri, upon which, the Station Officer, P.K Tyagi flashed torch and he was asked to stop. Thereafter he had tried to run away after turning. Thereafter, it was suspected by the police personnel that miscreant had run away from there. After fallen down from cycle, he was apprehended at 23.15 hours near tube -well of Gosai. After his ar ­rest, he disclosed his name as Shyam Ku ­mar. He was searched before the police personnel. One bag was found in his hand, wherein two plastic bags were found in which there was opium weighing 2.500 Grams. Thereafter, recovered contraband opium was taken into custody and kept into plastic bags and the same was sealed. Recovery memo was prepared at place of incident in the torch light. All the witnesses have made signatures upon it including arresting accused. Copy of Fard was also given to the accused. Thereafter recovered contraband and accused were taken to the concerned police station, where recovered contraband was deposited and accused Shyam Kumar was kept in Hawalat. On the basis of recovery memo Ex. Ka -1, prepared chick F.I.R. vide Ex. Ka -3 and the case un ­der section 17 of N.D.P.S. Act, 1985 was registered against accused above and in ­vestigation of this case was entrusted to S.I. Sri S.S. Malik. During the course of investi ­gation, recovered contraband article was sent for chemical examination and the re ­port Ex. Ka -5 was received which reveals that recovered contraband article was found opium. After completing the investi ­gation, the charge -sheet was filed against accused in the concerned Court.

(3.) AFTER considering submissions made by learned Counsel for the both the parties and perusing the evidence on rec ­ord, the accused was convicted for the charge under section 18 of N.D.P.S. Act by the concerned Sessions Judge by awarding the sentences as above. Feeling aggrieved by it, the accused -appellant has preferred the present criminal appeal.