RAJESH @ COMPILE Vs. STATE OF U P

JUDGEMENT

(1.) This appeal assails the correctness of the judgment and order dated 26.02.2016 passed by learned Additional Sessions Judge, Court No.3, Bahraich, in Sessions Trial No.69 of 2013, arising out of Case Crime No.526 of 2013, Police Station Ramgaon, District Bahraich whereby the Sessions Judge has convicted the appellant-accused namely, Rajesh @ Compile and sentenced him under Section 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 19851 for ten years rigorous imprisonment with fine of Rs.1,00,000/-, in default, to undergo one year's additional imprisonment.

(2.) In brief, the prosecution case is that on 108.2013 Sub Inspector Ajeet Kumar Shukla along with other police personnel was on official duty, when he received information from the informer that a person possessed with contraband is coming from Baluha Bhakuruha towards Bagiyaghat, on which they kept waiting for the said person, when he appeared, the informer pointed out and the police personnel checked him on which he starting running, accordingly forcefully he was caught hold and he informed about the contraband in his possession. He was personally searched after obtaining his consent and contraband 1200 grams 'charas' was found in the bag in his right hand. A sample of 100 grams was extracted and sealed at the spot, rest of 1100 grams 'charas' was sealed separately. Recovery memo, accused-appellant and the contraband were deposited in the police station. On the premise of recovery, first information report was registered at Case Crime No.526 of 2013 under Section 8/20 of the Act, 1985.

(3.) The case was investigated by Sub Inspector, Pradeep Kumar Singh, who prepared site plan exhibit Ka-6 and after usual investigation, charge-sheet exhibit Ka-7 was submitted against the appellant 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.