PREM SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Instant appeal is directed against the judgment and order dated 15.07.2010 passed by learned Additional Sessions Judge/Fast Track Court No.1, Hardoi, in Special Session Trial No.30 of 2010, arising out of Case Crime No.120 of 2010, under Section 8/20 Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity N.D.P.S. Act), Police Station Atrauli, District Hardoi, whereby learned Additional Sessions Judge hold guilty to the accused-appellant Prem Singh and punished him under Section 8/20 Narcotic Drugs and Psychotropic Substances Act, 1985 for five years' rigorous imprisonment and fine of Rs.10,000/- with default clause.

(2.) The factual matrix of the case for the disposal of the appeal is as under:-

(3.) According to prosecution, on 29.01.2010 complainant-Station Officer, Atrauli, Sri B. K. Pandey was on search of the offender with other Police Officials, when he reached near the Gomti River Bridge at Bhatpur, he saw the accused/appellant coming from the opposite direction, seeing the Police Jeep accused turned back and tried to run away from the scene. Sensing that the person who was running back is a miscreant, Police Officials step down from the vehicle and chased for and apprehended him. On search, 780 gram of Charas was recovered from the possession of appellant-accused. The accused was informed regarding his right to be searched in presence of a Gazetted Officer or Magistrate, as envisaged under Section 50 of N.D.P.S. Act, but accused submitted himself to the present Police Officials to search him. The appellant-accused executed a consent letter for this purpose. The alleged contraband ''Charas' was weighed and was found 780 gram, from which 50 gram was segregated for chemical examination. The memo of arrest cum recovery was executed at the place of occurrence. The consent letter Ex.Ka-1 and memo of recovery Ex.Ka-2, are on record.