ASIM ADHIKARI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 20-7-1989 passed by the Special Judge, (Additional Sessions Judge) Nainital in S.T. No. 16 of 1989 (State v. Ashim Adhikari), whereby he convicted the accused-appellant of the offence under S. 20 of the NDPS Act read with S. 8 of the NDPS Act and sentenced him to undergo R.I. for a period of 10 years and to pay a fine of Rs. one lac and in default of payment of fine to serve out further imprisonment for a period of 2 and half years.

(2.) Heard Amicus Curiae for the accused-appellant and the learned A.G.A.

(3.) The prosecution story was that on 18-8-1988 at 8-30 p.m. Sri P. K. Dixit S.I.P.S. Baazpur was returning to the police station along with 3 constables after completing his patrol duty in Government Jeep in the area of out post Banna Khera and came on the Rasta going from Chima Paper Mills near the Rasta coming from the side of the sugar factory, one person came on the road from the side of the sugar factory and on seeing the police jeep started returning, that on developing suspicion, P. K. Dixit stopped the jeep and called upon that person to stop but he did not stop and started running towards the sugar factory, whereupon, P. K. Dixit and his police force arrested him at a distance of 30 paces from pulliya towards the factory, that on being interrogated the person arrested disclosed his name as Ashim Adhikari and on search being taken, 3 Kilo illicit Charas kept in a polythene bag in a Thaila of 'Aata' which he was holding in his hand was recovered. The recovered Charas was sealed and recovery memo Ext. Ka-1 was prepared at the spot. This person was the accused-appellant in this case. He was taken to the police station along with the recovered Charas and lodged there at 10.00 p.m. The check report was prepared on the basis of the recovery memo and a case was registered against the accused-appellant under S. 17 of the NDPS Act. During investigation a sample of the Charas was sent to the Forensic Laboratory for analysis. The report from the laboratory showed that it was Charas, hence the charge-sheet was submitted and the accused-appellant was tried before the Court of Sessions and convicted as aforesaid.