MANOJ KORI Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the appellant, learned A.G.A. and perused the material available on record.

(2.) The judgment and order dated 30.11.2016 passed in Special Sessions Trial No. 112 of 2008 by Sessions Judge, Jhansi convicting and sentencing the appellant for ten years rigorous imprisonment coupled with a fine of Rs. 75000/- under Section 20(b)(ii)(B) of N.D.P.S. Act is under challenge in the present criminal appeal.

(3.) The prosecution story in nut shell is that on 8.7.2007 a police team led by S.I. Ashok Kumar was busy in routine checking on the platforms at railway station Jhansi. They noticed a suspected man sitting on platform no. 1. Seeing the police party approaching towards him, the said person tried to run away but the police party intercepted him at 7.10 PM after using usual force. He disclosed his name as Manoj Kumar of district Jhansi. He was searched immediately on the spot. As disclosed the arresting team that he was having some illicit Charas in the right pocket of his pant, therefore, he was told that, in case, he so wishes he may be searched before a magistrate or a gazetted officer but on his consent to this effect he was searched by the raiding team itself. 530 gm. Charas was recovered from the right pocket of his pant out of which 35 gm. was taken as a representative sample. The representative sample as well as the remaining quantity of Charas was sealed in separate bundles, recovery memo was prepared on the spot and thenafter the recovered articles as well as the arrested accused was taken to the police station.