SATTE ALIAS SATTAN Vs. STATE OF U.P

JUDGEMENT

(1.) This Criminal Appeal has been filed against the judgement and order dated 10.08.1998 passed by Ist-Additional Sessions Judge, Etawah in S.T No. 53 of 1994 (State Vs. Satte @ Sattan) has been convicted and sentenced for the offence under Section 8/20 NDPS Act, Police Station Bharthana, District Etawah and sentenced for 10 years rigorous imprisonment and Rs. 1 lakh fine and, in default of payment of fine, for additional sentence of 3 years.

(2.) The brief facts of the case is that in the night of 03/04.02.1993 SI D.P. Awasthi of Police Station Bharthana was on patrolling duty along with constable Hari Shanker and Maharani Deen Mishra. On information received from a informant that Satte alias Sattan, accused of crime no. 422 of 1992 under Section 392 IPC is present along with looted tyre of bus with rim near the southern railway bridge of station and is about to carry the tyre by train to Etawah. After receiving this information, the police proceeded towards the above mentioned place and on the pointing of the informer, while the accused was trying to run away, he was arrested at about 2:30 AM at ten pace away from the bridge after using necessary force. He disclosed his name to be Satte @ Sattan and on his search 20 gm Charas was recovered from the pocket of his shirt and the tyre of Bus along-with rim and tube. He was taken into custody after informing the reason of his arrest. The recovered Charas was sealed in a clothe and recovery memo was prepared. A copy of recovery memo was given to the accused and he was brought to the Police Station Bharthana along with sealed Charas, Tyre and rim. On the basis of recovery memo, offence was registered under Section 18/20 NDPS Act. During investigation, statement of the witnesses were taken, site-map prepared and recovered Charas was sent for chemical examination for analysis. After investigation, charge-sheet was submitted against accused for the offence under Section 18/20 NDPS Act. Accused was summoned and charge was framed under aforesaid Section. Accused pleaded not guilty and claimed trial.

(3.) Prosecution examined only one witness SI D.P. Awasthi as PW-1 who proved recovery memo as Ex. Ka-1. Statement of accused was recorded under Section 313 Cr.P.C, who denied the recovery of Charas from his possession and stated that he has been falsely implicated on account of enmity. He also stated that he was arrested from his house. He did not adduce any evidence in defence.