MANGAROO Vs. STATE OF U P

JUDGEMENT

(1.) This appeal assails the correctness of the judgment and order dated 13.01.2017 passed by learned Additional Sessions Judge, Court No.3, Lakhimpur Kheri, in Sessions Trial No.48 of 2013, arising out of Case Crime No.354 of 2013, whereby the Sessions Judge has convicted the appellant-accused namely, Mangaroo and sentenced him under Section 18/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (Act, 1985) for ten years rigorous imprisonment with fine of Rs.1,50,000/-, in default, to undergo one year's additional imprisonment.

(2.) In brief the prosecution case is that on 13.09.2013 S.O., Indra Kumar along with Constable Ahmad Husain was on official duty, when he reached between pillar no.199 and 200, he met Head Constable Kabul Das and Constable Dhananjay, who were also on their official duty, in between the accused-appellant appeared on a cycle from the forest towards Nepal border. When he was checked, he told his name as Mangaroo and admitted that he is carrying illegal 'charas' in the bag on the cycle. Immediately, he informed that he has right to get himself searched before an gazetted officer but he refused and gave a consent letter for personal search by the patrolling party. Since no independent witness could be procured, his personal search was made in presence of the members of patrolling party and found eight kilograms illegal 'charas' in the bag, which was carrying. He was informed that he has committed offence under Section 18/20 of the Act, 1985 and arrested around 17:00 hours. Recovery memo was prepared at the spot. 100 grams 'charas' was taken as a sample and rest of the eight tablets were sealed in a bag and arrest of the appellant was informed to his wife. On the basis of recovery memo exhibit Ka-1, first information report at Case Crime No.354 of 2013, under Section 18/20 of the Act, 1985 was lodged and chik F.I.R. exhibit Ka-9, site plan exhibit Ka-5 was accordingly prepared.

(3.) The case was investigated. After usual investigation, charge-sheet exhibit Ka-6 was submitted against the appellant under Section 18/20 of the Act, 1985. The charge under Section 18/20 of the Act, 1985 was framed on 19.09.2014 against the accused-appellant to which he denied and claimed trial.