- (1.) BHAGWAN Din, J. This is an appeal from jail preferred by Suresh alias Daharey a convict in Special Trial No. 105 of 1993 under Section 18 of N. D. P. S. Act recorded by the-VI Addl. Sessions Judge, Unnao sentencing him to Rigorous Im prisonment for a period of ten years' and also to a fine of Rs. 1,00,000 (Rs. One Lac only) and in default to further undergo Rigorous Imprisonment for a period of five years.
(2.) BRIEFLY stated the prosecution case is that in the night of 3- 12-92, S. I. Sri Nanak Chandra alongwith Head Con stable Khanjan Lai, constable Mohan Prasad Tiwari and constable Ajay Kumar Singh was on patrol duty. When he reached at Shitalganj Mirri Road Crossing an informant informed him that one per son having 'charas' in his possession is likely to reach the said road crossing. On such information, S. I. Nanak Chandra alongwith police force laid ambush behind the 'gumti'. After a while one person reached there from Shitalganj side. On the pointing of the informant, he ap prehended him and on interrogation, the later disclosed that his name as Suresh alias Daharey, resident of Mohalla- Jot-pur, Town Purwa, District Unnao. On the belief that the said person possesses 'charas' asked him, if he desires may be searched in presence of a Gazetted Of ficer. The later denied to be searched before the Gazetted Officer. S. I. Sri Nanak Chandra himself therefore searched him and recovered 150 Gms. of 'charas' from the right pocket of his pant for which he had no licence. He then informed him that he had committed an offence punishable under Section 18/22 of N. D. P. S. Act and arrested him at 3. 15 a. m. Thereafter, he prepared the recovery memo Ext. Ka-1, sealed the recovered 'charas' and prepared specimen seal on spot. The recovery memo was read over to the witnesses and the arrested person. He also supplied a copy of the recovery memo to him and obtained hissignatureonit. Thereafter, he brought Suresh alias Daharey in custody to the police sta tion Purwa together with recovered 'charas' where he lodged him in the lock- ' up (mardana) and handed over the recovery memo to Constable Moharrir Om Prakash. On the basis of the recovery memo, Constable Moharrir prepared a chik F. I. R. Ext. Ka-4 and registered a case under Section 18/22 N. D. P. S. Act vide Crime No. 317/92 against the accused vide G. D. Ext. Ka-5. On the next day, the ac cused was produced with recovered 'charas' before the Sessions Judge, Unnao. The recovered article was deposited in 'malkhana' and the accused was remanded to judicial custody. Then, under the orders of the Sessions Court the recovered Charas was sent to the Chemical Ex aminer, U. P. Lucknow on 19-1-93 for analysis and report. S. I. Sri P. K. Singh, P. W. 3 was present at the police station when the case was registered against the accused. He took the investigation of the case in hand. Before he could start the investigation, he was transferred from the police station, consequent upon which the investigation of the case was transferred to S. I. Sri Ram Gopal Singh, P. W. 4 who after completing the investigation submitted the charge-sheet in the Court of Sessions Judge on 22-2-93. By order dated 23-2-93, the Ses sions Judge, transferred the case to the Court of VI Addl. Sessions Judge, Unnao who framed the charge and directed the accused to be tried on the charge of having been found in possession of 150 Gms. of 'charas' and thereby, committed an of fence punishable under Section 18 N. D. P. S. Act.
(3.) THE prosecution in order to bring the guilt of the accused at home examined S. I. Sri Nanak Chandra as P. W. 1, Head Constable Sri Khanjan Lai as P. W. 2, S. I. Sri P. K. Singh as P. W 3 and S. I. Sri Mangal Singh as P. W. 4 and produced the Chemical Examiner's report in evidence. The accused took the common plea of denial and stated in his statement recorded under Section 313, Cr. P. C. that in the night he was going to attend his duties at a hotel. In the way, the police arrested him and on the fake recovery of 'charas' challaned him in this case. None examined in defence.;