RAJESH Vs. STATE OF U P

JUDGEMENT

(1.) This criminal appeal has been filed against the judgment and order dated 17.09.1996 passed by the then Sessions Judge, Banda in Special Case No.57/1996 State Vs. Rajesh, arising out of Crime No.35 of 1996 P.S.-Kotwali Dehat, District Banda whereby the accused-appellant Rajesh has been convicted and awarded punishment under Section 20 of the N.D.P.S. Act of two years rigorous imprisonment and fine of Rs.2,000/- and in default of the payment of fine three months further rigorous imprisonment.

(2.) Facts of this case in brief are as follows:-

(3.) On 23.03.1996, S.O. Purusottam Singh Yadav (P.W.-1) along with H.C.P. Laxman Singh and Constable Udit Raj Sachan had started from police station in official vehicle along with its driver vide Report No.34 time 20:30 hours for night petrolling. When they reached near the road which led to Chilli, they saw one person coming on foot from the side of Gutahe who was having a bag hanging from his left shoulder. The police party stopped their vehicle beside the road and leaving the Jeep and driver there P.W.-1 along with his companion Constables focussed their torch on him and directed the said man to stop. The said person moved in the reverse direction and started running after seeing the police. The police party arrested him after having chased few steps at about 5:30 p.m.; he told his name to be Rajesh son of Shri Punna resident of Village Chilli, P.S.-Kotwali Dehat, District-Banda. His personal search was made and from the bag (Jhola) which he was carrying on his shoulder illegal Ganja was recovered regarding which he could not show any license to possess.