Ajai Tyagi,J. - (1.) This appeal has been preferred by the appellant against the judgment and order dated 4.11.2016, passed by learned Additional Sessions Judge, Allahabad, in Special Trial No.121 of 2009 (State vs. Manoj Kumar) arose out of Case Crime No.23 of 2009, under Section 8/21 Narcotic Drugs and Psychotropic Substances Act, 1985 (herein after referred to as 'the Act, 1985'), Police Station-Mutthiganj, District-Prayagraj, by which appellant was convicted for 15 years rigorous imprisonment and fine of Rs.1,00,000/- (one lakh).
(2.) The relevant facts necessary for disposal of this appeal are as under: (i) On 30.01.2009, Dhananjay Mishra, Sub-Inspector, In-charge-SOG along with other police-personnel reached at Kotha-Parcha near Dot-ka-pul within area of P.S.-Mutthiganj, where SHO, P.S.-Muthiganj was already present with other police-personnel. At that time, informer told police-party that a person is coming from the side of Arya Kanya Degree College Crossing, Naini on stolen motor-cycle bearing No.UP-70-Y-8695. On receiving this information, police-party led by Incharge-SOG and SHO, Mutthiganj went to Arya Kanya Degree College. Near the above college, informer pointed out the said motor-cycle. On trying to stop him by police, the person on motor-cycle tried to escape by turning the motor-cycle back, but he was caught by the police at 2:50 p.m. On inquiry, he told his name as Manoj Kumar Seth s/o Late Bechan Lal Seth. A fake registration certificate was recovered from his pocket. While searching the accused and motor-cycle, Heroin was recovered in a packet from the bag attached with the motor-cycle. Police gave option to the accused for his search before a Gazetted Officer or a Magistrate, but accused declined the offer. (ii) The recovered contraband (Heroin) was weighted by the police and its weight was found 1.110 kg. Police asked the public to become witness on the recovery memo, but no one was ready to become witness. Out of recovered Heroin, 5 gm. was separated and it was sealed on the spot as sample. This sample was sent to Forensic Science Laboratory for chemical examination. Chemical Examination Report was received from the lab (Ex.ka-3) and it was reported in aforesaid report that the sample was Heroin. The accused-appellant was charged with the contravention of Section 8 read with section 21 of the Act and was put for trial. The Additional Sessions Judge, Allahabad, convicted him of the charges levelled against him. The accused appellant carried an appeal to this Court against his conviction.
(3.) Heard learned counsel for the accused-appellant, learned AGA for the State and perused the record.;