TUL BAHADUR Vs. STATE OF U.P

JUDGEMENT

(1.) This appeal assails the correctness of the judgment and order dated 06.10.2016 passed by learned 5th Additional Sessions Judge, Bahraich, in Sessions Trial No.13 of 2012, arising out of Case Crime No.644 of 2011, Police Station -Rupaideeha, District - Bahraich, whereby the Sessions Judge has convicted the appellant-accused, Tul Bahadur, and sentenced him under Section 8/20 Narcotic Drugs and Psychotropic Substances Act, for 10 years rigorous imprisonment with fine of Rs. 1,00,000/-, in default, to undergo ten months additional simple imprisonment.

(2.) In brief, the prosecution case is that on 4.12.2011 around 12.00 noon information was received by the complainant Abhinav Kashyap, Sahayak Sena Nayak, who constituted a party of S.S.B. force and reached the spot, waited for informer to signal. As soon as they received signal, the appellant was checked and himself admitted carrying illegal contraband charas. Narrated a different story regarding being a carrier of the said illegal contraband. He was immediately arrested after explaining the reason of arrest to him and was informed regarding his rights and Section 50 N.D.P.S. Act to which he consented for being searched by the said police party, Rs. 2600/- were recovered from his personal search apart from charas. Sample was accordingly done and the same was forwarded to the concerned party after putting seal on the same. On the basis of recovery memo, first information report was lodged at Case Crime No.644 of 2011, under Section 8/20 NDPS Act.

(3.) The case was investigated and after completion of investigation, charge-sheet was submitted against the appellant under Section 8/20 NDPS Act. Charge under Section 8/20 NDPS Act was framed against the accused-appellant, who denied and claimed trial.