SANTOSH KUMAR GUPTA Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order dated 16.07.2016 passed by the Additional Sessions Judge/Special Judge E.C. Act, District Jhansi in Special Sessions Trial No. 93 of 2014 State v. Santosh Kumar Gupta, convicting the accused-appellant for the offence under section 20 N.D.P.S. Act and sentencing him with rigorous imprisonment for a period of ten years and fine of Rs. One lakh and in case of default in payment of fine with additional period of imprisonment for a period of one year.

(2.) As per F.I.R., the brief facts relating to the case are, that "on 01.09.2014, first informant Sub Inspector Arvind Singh, during patrolling with constables got information that a person is selling prohibited contraband in Mohalla Khanderao Gate near Shankar Ji Tample upon which after informing Circle Officer on phone, who also arrived at the spot, he apprehended a person and made search of him in accordance with Section 50 of N.D.P.S. Act, who disclosed his name Santosh Kumar Gupta and 7 plates of Charas wrapped in polythene with 11 paper sachets were recovered from a polythene in his right hand, with recovery of a sum of Rs. 450/- from right hand pocket of his pant and upon weighing, the weight of all plates and sachets of Charas was found to be 2 Kg., upon which he was taken into custody in accordance with rules." Upon investigation the charge-sheet was submitted and charges under section 20 of N.D.P.S. Act were framed against accused-appellant, from which he denied and demanded trial.

(3.) In order to prove the charges against the accused-appellant the prosecution produced as many as 5 witnesses and after examination of 1 court witness, the statement of accused was recorded under section 313 Cr.P.C., 1973 After affording the appellant an opportunity of defence evidence and hearing the arguments of learned counsel for the parties, learned Additional Sessions Judge/ Special Judge found the sole accused-appellant to be guilty and convicted him for the offence under section 20 of N.D.P.S. Act and sentenced him accordingly as mentioned above.