MAHESH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 4-3-1997 passed by Sri S. C. Agarwal, the then 1st Additional Sessions Judge, Banda in Special Case No. 26 of 1996, State v. Mahesh whereby he convicted the accused-appellant Mahesh of the offence under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and sentenced him to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. 5000.00 and in default of payment of fine, to suffer rigorous imprisonment for one year more.

(2.) The prosecution case was that Chandra Mani Pandey, the then Station Officer, G.R.P., Banda was present in the night of 13-6-1995 alongwith Head Constable Ram Kripal Yadav on train escort checking and law and order duty at the Railway Station, Banda; that at that time he received an information from an informer that two persons, who deal with Charas, are sitting with Charas on the cement bench under the tin shed at platform No. 2 of the station; that believing on this information, he called upon the passengers of the railway station to become witness but no one agreed to become a witness due so the difficulty of being in journey; that on this, he took Constable Jagdish Singh and Constable Vidyadhar Shukla, who were on duty at the platform at that time and after mutual search to ensure that they are not have any illicit item, they proceeded towards the spot pointed by the informer; that on reaching at platform No. 2, the two persons pointed started running towards west from the bench on the platform on seeing them but they were surrounded and arrested by the police party at a distance of about 20 paces at 11.45 p.m.; that the arrested persons disclosed their names as Pappu and Mahesh; that before taking their search, he asked them if they wanted to give search in presence of a gazetted officer or a magistrate whereupon they (both the arrested accused) requested the police party to take their search; that on search of accused appellant Mahesh being taken, 25 grams Charas was recovered from the right pocket of his pant for keeping which he had no licence, that the recovered Charas was kept by the Station Officer in a cloth, that the so then sealed the same and prepared a recovery memo of the same in the light of the electricity there and then they returned to the police station along with the arrested accused and his companion and there two separated cases against the arrested accused Mahesh and Pappu were registered. The recovered Charas was sent for examination to the Joint Director, Forensic Laboratory of U. P. Government. A report of the Forensic Laboratory dated 26-8-1995 was positive that the recovered substance was Charas. Separate charge sheet was submitted against each of the arrested accused. Here we were concerned with the trial of attested accused Mahesh.

(3.) In the trial, the ocular testimony about the information, arrest and recovery was given by Chandra Mani Pandey S.O. G.R.P., Banda (P.W. 3); Constable Vidya Dhar Shukla (P.W.1) and Constable Ram Kripal Yadav (P.W. 2). Necessary link evidence was furnished by the prosecution at the trial and other formal evidence was also produced before the trial Court. The learned Additional Sessions Judge believed the prosecution evidence and so handed down the conviction and sentence aforesaid.