NARESH KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) K. D. Shahi, J. Appellant Naresh Kumar, son of Dub resident of Gali No. 11, Mohalla Mangal Singh Kot, Ludhiana (Punjab), has preferred this appeal against his conviction and sentence under Section 20 read with Section 8-C of N. D. PS. Act convicting and sentencing him to undergo rigorous imprisonment for ten years and to pay a fine of rupees one lac and, in default of payment of fine, to undergo further two years R. 1. Both the sentences were to run concurrently.

(2.) THE brief facts of the case are: that on 20-12-1988 at Platform of N. E. Railway Station, Charbagh, Lucknow search of lug gage of suspected passengers of Train No. 505 Dn. was organised by the Customs Preventive party, Lucknow. During the course of search for the luggage offender Naresh Kumar was intercepted and on search for his bag made before the wit nesses ten kgs. of Nepali Charas was recovered from his possession. It is said that the confession of accused Naresh Kumar, was recorded and he had confessed that it had been purchased by him from Nepal.

(3.) THIS witness also proved the seizure memo and the complaint. R. K. Tripathi, on being re-examined, has also proved that he had sent the sample for chemical examination on 16-1-1989. P. W. 2 Daya Ram is an employee of the Customs Department and he was also one of the member of the raiding party. He had also stated about the interception and recovery of the Charas. Regarding search Daya Ram also stated that the accused was asked: "talashi mujhko doge ya afsaran ke samne. Muljim talasi ham logan se kaha. "