GUDDU KUMAR GUPTA Vs. STATE OF U.P.

JUDGEMENT

(1.) This Criminal Appeal has been filed against judgment and order dated 13.12.1995 passed by Additional Sessions Judge, Varanasi in Criminal case No. 297 of 1991 (State of U.P. Vs. Guddu Kumar Gupta) whereby the accused appellant Guddu Kumar Gupta has been convicted and awarded punishment under Section 8 / 20 N.D.P.S. Act of 4 years R.I., fine of Rs. 10,000/- and in default of payment of fine, 6 months additional R.I.

(2.) In brief the facts of prosecution are that accused appellant Guddu Kumar was sitting in a bus with a bag in his hand and when his personal search was taken, 3 kg. Illegal 'ganja' was recovered from him for which he had no license to possess and the said recovered 'ganja' was tested on the spot in presence of the witnesses and was found to be 'ganja'. The search of the accused was made by Sri C.B. Singh in front of the witnesses. The witness of recovery was Sri R.S. Mishra (P.W.1), an officer of enforcement team, who was excise inspector of district Varanasi. Recovery memo (Exhibit Ka 1) which is on a prescribed proforma 'D-19 A' has been prepared by P.W.1. The signatures of the above officers with some others were obtained on the recovery memo and a copy of the recovery memo was provided to the accused appellant. It is also recorded in the recovery memo that after testing the recovered 'ganja' on the spot in presence of the witnesses, the same was sealed on the spot in a cloth and thereafter was kept in the same bag from which it was recovered and was sealed. Record reveals that the charge was framed against the accused appellant on 28.02.1992 under Section 8 / 20 N.D.P.S. Act to which he pleaded not guilty.

(3.) The prosecution examined Sri R.S. Mishra, Excise Inspector as P.W. 1 and Sri Bhanu Pratap Singh, Excise Constable as P.W.2 and both these witnesses are witnesses of fact. Thereafter prosecution evidence was closed and statement of accused under Section 313 Cr.P.C. was recorded in which he denied any such recovery to have been made from him and took the plea of false implication. It is further stated by him that he had had an altercation with Majlu Mehta, Chaukidar of Excise Office, Varanasi. He had got him arrested by getting him implicated in this case falsely. He was taken away from his house at 12 noon to the house of Officer of Excise Department and from there at about 8-9 p.m., he was taken to the police station.