CHHEETU GODIYA Vs. STATE OF U P

JUDGEMENT

(1.) This appeal assails the correctness of the judgment and order dated 03.07.2015 passed by learned District and Sessions Judge, Shravasti, in Criminal Case No.3 of 2011, arising out of Case Crime No.2024 of 2010, Police Station Kotwali Bhigna, District Shravasti, whereby the learned Sessions Judge has convicted the appellant-accused namely, Chheetu Godiya and sentenced him under Section 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (the act) for ten years rigorous imprisonment with fine of Rs.1,00,000/-, in default, he shall undergo five months additional rigorous imprisonment.

(2.) In brief, the prosecution case is that on 08.11.2010 Sub Inspector Ram Brij Singh along with Constable Meraz Ahmad, Constable Lallu Singh proceeded from the police station in search of wanted accused when they saw a person coming with a bag in his hand on a motorcycle, who was checked by them and he tried to run away, immediately he was caught, he told his name as Chheetu Godiya and informed that he was carrying one kilogram 'charas' in his bag. Immediately he was searched after informing the legal provisions and from a plastic bag, four packets (batti) weighing one kilogram 'charas' was recovered, immediately he was arrested and the recovery material was weighed and 50 grams sample was extracted for chemical examination. Both of them was separately sealed at the spot. On the premise of aforesaid recovery, first information report at Case Crime No.2024 of 2010 under section under Section 8/20 of the Act, 1985 was registered.

(3.) The case was investigated by Sub Inspector Thakur Prasad Yadav, who prepared site plan exhibit Ka-6 and after recording statement of witnesses and obtaining Forensic lab report exhibit Ka-7, submitted charge-sheet exhibit Ka-5 under Section 8/20 of the Act, 1985. The charge under Section 8/20 of the Act, 1985 was framed against the accused-appellant, who denied all of them and claimed trial.