SANTOKH Vs. STATE OF U P

JUDGEMENT

(1.) The present appeal is directed against the judgement dated 11.8.2010 passed by Additional Sessions Judge, Court No.8, Agra holding the appellant guilty of offence under Section 8/15 of Narcotic Drugs and Psychotropic Substances Act, 1985 (the Act) and sentencing him to ten years rigorous imprisonment and a fine of Rs.1 lakh and in default in payment thereof, to undergo simple imprisonment for a further period of two and half years.

(2.) The prosecution case is that on 11.9.2007 Sub Inspector Mahesh Chandra, P.S. Saiya, district Agra (PW 3) while on patrol duty in a Jeep at Saiya crossing alongwith constables Komal Singh, Prem Shanker, Rajesh Kumar and Uday Raj, received information from mukhbir that a truck (PB-08 Q-5886) carrying doda powder is coming from Dhaulpur side. Acting on the said information, they came to Jauj crossing, where after some time, they saw the truck approaching from Dhaulpur side. It was 10 P.M. The truck was intercepted by the patrolling party. The driver, Santokh tried to escape but he could not succeed. He admitted that he was carrying doda powder in sacks concealed in a chamber made in the body of the truck. He was apprised of the fact that he is entitled for being searched in the presence of a Magistrate or a gazetted officer, but he reposed full confidence in the police party and with his consent, PW 3 alongwith other members of the patrolling party, carried out the search. They recovered 15 bags of doda powder from a compartment made of iron sheets inside the body of the truck. The driver failed to produce the license to manufacture or transport doda powder. He informed that each bag weighs 40 kg. The appellant was taken in custody. The police party drew sample weighing 1 kg. from the seized contraband and a seizure memo was prepared on the spot by constable Komal Singh (PW 1), which was duly signed by the appellant. After reaching the police station, a first information report was registered by constable Chhail Bihari (PW 2). The investigation was carried out by Shiv Naresh Upadhyay (PW 4). He prepared a site plan (Ex. Ka-4) and sent the sample of the seized contraband to the Vidhi Vigyan Prayogshala, Agra. After carrying out examination of the sample, the laboratory gave its report (Exhibit Ka-7). The investigating officer (PW 4), after completing the investigation, submitted a charge sheet (Ex. Ka-6).

(3.) The appellant pleaded not guilty. The trial court, after considering the evidence and the testimony of the witnesses, convicted the appellant and sentenced him for the period stated above. The appellant has filed the instant appeal from jail.