MANOJ DHEEMAR Vs. STATE OF U P

JUDGEMENT

(1.) This appeal has been preferred from jail by the appellant Manoj Dheemar who has been convicted and sentenced vide judgment and order dated 04.06.2016 passed by learned Additional Sessions Judge/Special Judge (E.C. Act), Jhansi in S.T. No. 68 of 2014 (State Vs. Manoj Dheemar) arising out of Case Crime No. 403 of 2014, under Section 20 of N.D.P.S. Act, Police Station Kotwali, district Jhansi with 10 years rigorous imprisonment and fine of Rs. 1 lac. In case of default to deposit the fine, the appellant has to undergo one year additional imprisonment.

(2.) Heard Shri Hari Shankar, learned Amicus Curiae, Shri Vinod Kant, learned Additional Advocate General assisted by Shri Amit Sinha and Shri Brij Raj Verma on behalf of the State. Perused the record.

(3.) The prosecution case in brief is that on 17.7.2014 at 10.30 A.M., Sub Inspector Ramji Singh alongwith Con. 579 Ramesh Chandra was on vehicle checking duty at Chowki Badagaon Gate, Narayan Baag Road, district Jhansi, when they saw a person coming from the side of Mandi. Seeing the police, he immediately turned back and proceeded towards Mandi road. On suspicion, the policemen tried to stop him but when he did not stop, they surrounded and arrested him at Mandi road. On being enquired, he told his name as Manoj Dheemer son of Maltu Dheemer (appellant) and confessed that as he has illegal Charas with him, he was running away seeing the police. The accused was informed that he has a right to be searched in presence of a Magistrate but he stated that he has full confidence on the police, he is ready to be searched by the policemen and there is no need to call any Magistrate. He was asked to write a consent letter for such purpose on which he stated that as he is less educated, you draft the letter and he will put his signature on it. Thereafter a consent letter (Ext. Ka. 3) was prepared and the signature of accused was taken on it. On being searched the accused appellant was found in possession of Charas kept in a polythene bag and wrapped in a newspaper. The police party had an electronic weighing scale with them on which the Charas was weighed and its weight was found to be of 500 gms. A sample of 50 gms. Of Charas was kept separately under sealed cover for sending it to Forensic Science Lab for chemical examination. No public witness became ready to give evidence. Thereafter recovery memo (Ext. Ka. 4) was prepared on the spot on which the signature of the accused was taken and its copy was given to him. On the basis of recovery memo, check report (Ext. 4-A) was prepared and relevant entries about the registration of case were made in the General Diary (Ext. Ka. 2).