SRI RAM Vs. STATE OF U P

JUDGEMENT

(1.) B. K. Sharma, J. This is an appeal against the judgment and order dated 22nd December, 1994 passed by Sri N. L. Agrawal, the then 1st Additional Sessions Judge, Banda in Special Case No. 22 of 1994, State v. Shri Ram, Police Station Atarra, district Banda whereby he con victed the accused-appellant Shri Ram of the offence under Sections 21 and 22, N. D. RS. Act and sentenced him to under go rigorous imprisonment for a period of ten years and also to pay a fine of Rs. 1, 00, 000 and in default of payment of fine, to suffer further rigorous imprisonment for two and half years as part of his substan tive sentence.

(2.) THE prosecution case, in brief, was that on 18-3-1994, S. I. Vijai Kumar Arya, Incharge of Out Post G. R. P. , Karvi, (P. W. 2) along with constable Sant Ram (P. W. 1) and other constables, was on train check ing and crime prevention duty at Railway Station Karvi and they were present on platform No. 1 that on the platform Vijai Kumar Arya S. I. received an information that one person was sitting on a bench possessing narcotic drugs near water tank towards West of canteen on the platform, that on this information, the police party came near the canteen at the railway sta tion; that the informer pointed out towards that person sitting on a bench alone; that the police party took personal search with each other and then came near the water-tank in the west of the canteen; that on seeing the police party, that person got up and started moving towards the West whereupon the police party sur rounded and arrested him on the spot at a distance of 20 paces from there on the said platform (platform No. 1) that it was 4. 15 p. m. ; that the person arrested was the ac cused-appellant Shri Ram. THE prosecu tion case further was that Vijai Kumar Arya, S. I. told the accused-appellant to get himself searched before a Gazetted officer whereupon he (accused- appellant) said that he has full confidence in him; that thereupon Vijai Kumar S. I. took a search of his body and found a strip of 8 tablets Seripax wrapped in white paper from the left pocket of his shirt and packet of bis cuits bearing Parle 'g' brand name which was found having some slightly pink and yellow in taxicating substance glued on it; that he demanded the licence from the accused-appellant for keeping this but he did not produce any licence, to that, he prepared the recovery memo of the recovered materials and then went to the police station and loged the accused-ap pellant in the lock-up of the police station and a case was registered.

(3.) HEARD Counsel for the parties.