(1.) This Harish Chandra v. State of U.P., Criminal Appeal No. 3234 of 2003 is preferred by the appellant against the judgement and order passed by Special Judge (NDPS Act) Kanpur Nagar in State of U.P. v. Harish Chandra, Sessions Trial No. 377 of 2002, dated 10.06.2003 , Case Crime No. 244 of 2002, under section 18/20 NDPS Act P.S. Sachendi District Kanpur Nagar by which the appellant has been convicted under section 20 (B) (ii) (b) NDPS Act and sentenced with rigorous imprisonment for 4 years with fine of Rs. 25,000/-. It is also provided that in default of payment of fine accused/appellant will under go additional imprisonment for 4 months.
(2.) Facts giving rise to this appeal are that on 07.08.2002 S.O. Sanjay Kumar, ASI Shatrughan Singh, Constable Hari Mohan Singh, Constable Indresh Kumar were on patrolling duty and when they were going towards village Chandrahanspur from village Dileeppur, then the police party saw that a person who is coming from the side of Chandrahanspur and he has having a bag in his hand. Seeing the police party that person turned about and started running. On suspicion police party apprehended him on 4:45 P.M. On being controverted he told that his name is Harish Chandra son of Paltoo Kori and his residence Dileeppur P.S. Sachendi, District Kanpur Nagar. When he was asked that why he was running then he told that he has illegal Charas in his possession when police party asked Harish Chandra to go to any Gazetted Office or Magistrate for search, then Harish Chandra told that he has faith on them and asked the police party to take a search. No public witness could be procured as accused was apprehended on isolated place. On search of Harish Chandra 500 gm of Charas was recovered from the plastic bag of Harish Chandra yellow in colour which he was carrying in his right hand and this Charas was wrapped in polythin. Constable Hari Mohan Singh brought the balance from village Dileeppur. The recovered Charas was weighed-in. Out of it 25 gm Charas was taken out as sample and rest of Charas was wrapped in same polythin and was kept in bag which was recovered from Harish Chandra and the bag was tied with lace. Sample and rest recovered Charas were sealed separately. The recovery memo was prepared and the copy of recovery memo was provided to the accused Harish Chandra. On the basis of this recovery memo the FIR was lodged at police station Sachendi and case was registered at Police Station, investigation was conducted.
(3.) After investigation I.O. submitted the charge-sheet under section 18/20 NDPS Act against accused/appellant Harish Chandra. Charge under section 20 (B) (ii) (b) was framed against accused/appellant Harish Chandra which he denied and demanded trial.