- (1.) TWO accused Nankoo and Badri have filed this appeal against the judgment and order dated 20-5-1995 passed by Sri Abhimanyu Kumar the then Additional Sessions Judge, Kanpur Dehat whereby he convicted the accused under S.20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the 'Act') and sentenced each of them to undergo rigorous imprisonment for a period of ten years and to pay a fine of rupees one lac. In default in payment of fine , they were ordered to suffer rigorous imprisonment for an additional period of one year.
(2.) IN brief, the prosecution case is that on 12-11-1992 S. I. Babban Singh accompanied by H. C. Khayali Ram and constable Ram Bali were returning to the police station Musha Nagar after investigation and enquiry in village Pulandar. When the police party reached the culvert built on canal, two persons were seen coming to Pulandar. On seeing the police personnel, they accelerated their steps. On suspicion, the police party apprehended them at a distance of about twenty steps towards south of the culvert. This was done at about 5-00 p.m. On enquiry, they disclosed their names as Nankoo, son of Bhadaie and Badri, son of Ram Lal. On their personal search, about 500 grams. Charas from possession of each accused was recovered, which was concealed in Polythene packets kept in a plastic bag. On demand, they failed to produce any licence or permit for having Charas in their possession. S. I. Babban Singh disclosed the grounds of arrest and formally arrested them. Two samples were taken out from the recovered Charas and sealed on the spot. The remaining Charas was sealed in the bags. A sample of seal was also prepared. Since the recovery was made all of a sudden no public witness was called out. On the dictation of S. I. Babban Singh, H. C. Khayali Ram prepared seizure memo and the police personnel and Badri signed the Fard and Nankoo affixed his thumb impression.
(3.) BOTH the accused along with recovered Charas were brought to P. S. Musha Nagar where constable Amar Singh prepared Chik report and registered cases at crimes No. 192 and 193 of 1992.;