KARUN Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Manish Kumar Pandey, learned amicus curiae for the appellant and Sri B.A. Khan, learned A.G.A. for the State.

(2.) This jail appeal has been filed challenging conviction and sentence of appellant in Sessions Trial No. 06 of 2008, arising out of Case Crime No. 759 of 2008, under Section 8/20 of Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station- Khalilabad, District- Sant Kabir Nagar.

(3.) A First Information Report was lodged by the Sub-Inspector Mukesh Singh, stating that while in connection with the Parliamentary by-elections he was moving on the National Highway towards Sarai by-pass, he observed suspicious activity on part of accused who was on the left side of road at about 200 steps from its southern end. He was holding a bag. Seeing his hesitation and odd behaviour the complainant apprehended him at 7:30 pm. The accused identified himself and informed that he is coming from Gorakhpur by roadways bus and was looking for a smaller vehicle for going towards village Bhuwaria. The accused on inquiry informed that he was having Cannabis (Ganja) weighing 9 kgs. A notice under Section 50 was then served upon the accused. The accused gave his consent to be searched. His signatures upon the statement was obtained, expressing his confidence in the police persons to carry out search. The bag held by the appellant-accused was also searched and from its smell, it was clear that the substance kept in bag was Cannabis (Ganja). Its sample weighing 200 gms was taken from the bag, and sent for chemical examination. A First Information Report was lodged and the accused was taken in custody.