WAKEEL & FAREED Vs. STATE OF U P

JUDGEMENT

(1.) The instant appeal has been preferred against the judgment and order dated 14.09.2000 passed by learned District & Sessions Judge, Shravasti in Criminal Case No.14 of 1999 (State v. Wakeel and Fareed) bearing Case Crime numbered 216 of 1999 and 217 of 1999 of P.S.Kotwali, District Shravasti whereby the learned trial court has convicted the appellants under Section 8/20 of Narcotic Drugs and Psychotropic Substances Act(hereinafter referred to as the Act) and sentenced each of them to rigorous imprisonment for ten years and a fine of Rs.1,00,000/- with default stipulation of four years' rigorous imprisonment.

(2.) According to the prosecution version, on 03.11.1999, the police party led by Inspector L.S.Solanki, on the basis of secret information, apprehended ambassador car no.DL 3C/HO 190 at 06:15 a.m. wherein the accused-appellants were arrested. They informed the police that they have Charas with them. Thereafter their body was searched in accordance with the provisions of the Act. Half kilogram of Charas was recovered from possession of each accused out of which 100 grams of Charas was taken as sample which was sent to Forensic Science Laboratory. The accused were informed about the offence committed by them under Section 8/20 of the Act. Two public witnesses were also taken at the time of arrest, namely, Virendra Pratap Misra and Girish Chandra Tripathi. Recovery Memo was prepared at the spot and chik F.I.R. was registered on 3.11.1999 at 9:45 a.m. under Section 8/20 of the Act. After investigation, charge sheet was submitted against the accused-appellants. As per the report of Forensic Science Laboratory, the recovered article was found as Charas.

(3.) Accused were charged under Section 8/20 of the Act, who denied the charges and claimed for trial.