RAM AVTAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri S.S. Sachan, learned counsel for the appellant, learned AGA for the State-respondent and perused the records.

(2.) The instant appeal has been filed by the appellant against the judgement and order dated 12.10.2007 passed by Additional District and Sessions Judge, Fast Track Court No. 5, Badaun in Special Session Trial No. 122 of 2006 (State v. Ram Avtar) arising out of Case Crime No. 240 of 2006 , under section 8/18 NDPS Act (in short the Act), P.S. Binavar, District Badaun whereby the appellant was convicted under section 8/18 of the Act and was awarded 14 years R.I. and fine of Rs. One lac and in default of fine to further undergo one year simple imprisonment.

(3.) The prosecution case in brief is that on 3.7.2006 S.I. Itwari Lal along with other police personnel left police station at about 1.15 pm for search of an accused, when they were present at the T-point of Vijay Nagla they received an information from the informer that a person namely Sakir @ Kallu involved in unknown smuggling is about to carry a huge quantity of opium and he is likely to go towards the village of Usaita. Upon this information, the police party assembled near railway crossing and waited for the appellant. In the meantime, at about 2.40 pm the appellant was arrested by the police and from his possession 4.800 kg. of opium was recovered. He was duly given an option as mandate under section 50 of the Act for his search before the Magistrate or Gazetted Officer to which the appellant refused and asked to take his search. The sample of 100 gm of opium was drawn, which was sent for Forensic Science Laboratory and after analyzing the same was found to be opium a contraband punishable under the Act. The appellant was charged under section 8/18 of the Act. The prosecution examined five witnesses to prove its case. Based on it, the trial court convicted the appellant and sentenced him to undergo as stated herein above.