MANJOOR ALIAS PAWWA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal has been preferred against judgment and order dated 23-2-1994 passed by the then Addl. Sessions Judge, Saharanpur in Special Case No. 30 of 1993. The appellant has been convicted under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985, hereinafter referred to as the Act, and sentenced to undergo ten years rigorous imprisonment and a fine of rupees one lac and in default of the payment of fine three months further rigorous imprisonment has been awarded.

(2.) Sri R. K. Khanna, learned counsel for the appellant and Sri R. S. Sengar, learned A.G.A. appearing for the State have been heard.

(3.) According to the prosecution case P.W. 1 Khanjan Lal Gangwar, Sub-Inspector, was posted at police station G.R.P. Saharanpur. He was on checking duty of the platform. While on checking he picked up Constables Kanhaiya Lal P.W. 2 and Naresh Kumar P.W. 3. The Sub-Inspector reached near tea stall of platform No. 5/6. At the tea stall the Sub Inspector received information that the appellant who is wearing black clothes is carrying a bag with him having strive of red, yellow, white and black colour, which contains Doda Post and who is sitting near southern wall of western bridge. The Sub-Inspector along with the police party proceeded towards the bridge on platform No. 6 and about ten paces towards west of it the appellant was apprehended at 2.50 a.m. On his search 41/4 kilograms of Doda Post powder was found in the bag which he was carrying. The appellant could not show any licence for possession of the same. The Sub-Inspector took out some powder as sample. The sample and seized Doda Post were separately sealed. The appellant was informed of the grounds and was arrested. The Sub-Inspector thereafter brought the seized contraband along with the sample and the appellant and deposited the same at the police station G.R.P. The fact that the Sub-Inspector received information at the tea stall of platform No. 6 is stated by the Sub-Inspector Khanjan Lal Gangwar P.W. 1 himself and by the two constables, P.W. 2 Kanhaiya Lal and Naresh Kumar P.W. 3. They have also stated above apprehension, search and seizure of the contraband from possession of the appellant and also the fact that from the seized contraband sample was taken and both the sample and the contraband were separately sealed on the spot and a recovery memo in that regard was prepared. The statements of all the three witnesses are consistent and there is no discrepancy in the same.