JUGAL KISHORE Vs. STATE OF U.P.

JUDGEMENT

(1.) This Criminal Appeal No. 229 of 1991 (Jugal Kishore and others v. State of U.P.) is filed by the appellants Jugal Kishore and Krishna Kumar Awasthi against the judgment and order dated 08.02.1991 passed by 2nd Additional Sessions Judge Kanpur Nagar in Sessions Trial No. 73 of 1989 (State v. Jugal Kishore) under section 20 of NDPS Act, Govind Nagar District Kanpur Nagar and Sessions Trial No. 406 of 1989 (State v. Krishna Kumar Awasthi) under section 20 NDPS Act, Police Station Govind Nagar, District Kanpur Nagar.

(2.) In nutshell the prosecution case is that on 13.07.1988 at 9.30 P.M. S.I. Prem Singh Raikwar was on Patrolling duty along with other Police personnel and when the police party reached in front of main gate of Nirankari Bhawan then they saw three persons from the distance of 25 steps coming on the road and when the police party reached near them then they turned back and started running. On doubt police personnel apprehended them at 9.30 P.M. on road and when names of the arrested persons were asked and one person told his name Om Prakash Gupta, second person told his name Krishna Kumar Awasthi and third person told his name Jugal Kishore and when their search were carried out as per rules by the police personnel then 500 Gram Charas was recovered from the Pant of Krishna Kumar Awasthi which was wrapped in polythin white in colour and from the Pant of Jugal Kishore 500 Gram Charas was recovered which wrapped in polythin white in colour and 500 Gram Charas was recovered from the Pant of Om Prakash Gupta. The recovered Charas was sealed and accused were arrested, recovery memo was prepared. On the basis of this recovery memo FIR was lodged at Police Station Govind Nagar, District Kanpur Nagar and case was registered matter was investigated. Recovered Charas was sent for testing to the Forensic Science Laboratory. Contraband substance recovered from the both appellants Krishna Kumar Awasthi and Jugal Kishore were found Charas in Forensic Science Laboratory. I.O. submitted the charge sheet.

(3.) Charge on Jugal Kishore and Kirshna Kumar Awashti were framed under section 20(b)(ii) NDPS Act which was read over to the accused which they denied and demanded trial.