- (1.) This criminal appeal has been directed against the judgement and order dated 19.4.2007 passed by Additional Sessions Judge (F.T.C.) No. 28, Barabanki in S.T. No. 98 of 2003 (Case No. 8 of 2003), State vs. Manoj Kumar Verma, under Section 8/21 N.B.P.S. Act, whereby trial court convicted the accused-appellant under Section 8/21 N.D.P.S. Act, sentencing him to undergo 10 years rigorous imprisonment with fine of Rs. 1,00,000/- and in default of payment of fine, he shall further undergo one year additional rigorous imprisonment.
(2.) Brief facts of the prosecution case which need to be noted for disposal of the present appeal which are as under :- (i) On 9.1.2003, S.I. Narendra Pratap Singh, In-Charge out post Ganeshpur along with Constable Ram Asrey Saroj, Constable Amar Chandra Shukla, Constable Ajeet Kumar Pandey and Constable Jagat Narayan Singh were going to Ram Nagar in search of wanted accused. As police party reached near Mahadeva Gate, accused appellant has seen police party coming from Mahadeva side, he turned behind and tried to run away. On being suspected as miscreant, he was apprehended at the distance of 60-70 steps by police at around 9:30 PM. On being asked his whereabouts, he disclosed his identity as Manoj Kumar Verma son of Ram Bilas Verma, resident of Bansa, Police Station Masauli, District Barabanki and told that he has Morphine in his pocket and on account of this he ran away. Police informed the accused-appellant that he has a right to be searched before any gazetted officer whereupon he answered that he does not want to go anywhere and he took out a polythene from his right pocket of pant and handed over to police disclosing that it is Morphine. Recovered Morphine was taken into custody and it was 320 gram, which was properly sealed by police and mandatory provision of N.D.P.S. was complied with. Recovery memo Ex.Ka-3 was prepared by police party on spot.
(3.) On the basis of recovery memo Ex.Ka-3, Chick F.I.R. Ex.Ka-2 was registered in the police station concerned against the accused and entry was made in general diary, copy whereof is on file.;