- (1.) MUKTESHWAR Prasad, J. Appellant Ram Autar, son of Achchey Lal, was fried in the Court of Additional Sessions Judge, Banda for committing an offence punishable under Section 8 read with Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the 'act' ). He was found guilty under Section 20 of the Act and was sentenced to suffer rigorous imprisonment for a period of four years and to pay a fine of Rs. 1,000. In default, he was directed to undergo rigorous imprisonment for a period of four months.
(2.) THE prosecution case, in brief is that on 15-5-1992, S. O. Ashok Kumar Singh accompanied by four constables of P. S. Girwan (Banda) was searching the accused wanted in case Crime No. 83/92, under Sections 364/302 IPC P. S. Girwan, District Banda. At about 2. 00 p. m. the police party reached village Bansi. THE S. O. received information through Mukhbir that accused Ram Autar had cultivated cannabis (Ganja) in his courtyard inside his house situate in village Prempur. Believing the information to be correct, the S. O. alongwith all the constables and the Mukhbir rushed to the house of the accused and found him uprooting cannabis plants and collecting them. At the pointing out of Mukhbir, Ram Autar was apprehended by the police force at about 3. 00 p. m. in the same courtyard. On enquiry, he disclosed his name and address and on demand failed to produce any licence or permit for cultivating Ganja. After disclosing the grounds of arrest, he was formally arrested. There were 22 Ganja plants in all weighing about 18 kgs. All plants were taken into custody, kept in a bag and a sample was taken out and kept in a cloth. The sample and the bag containing Ganja plants were sealed on the spot and a sample of seal was also prepared. A seizure memo was prepared on the spot. A number of witnesses were present during arrest and seizure but on account of being co-villager, they were not prepared to help the police and none was willing to sign the seizure memo. After preparing fard the S. O. signed the same and obtained signature of the constables also. A copy of seizure memo was given to the accused. After arrest and seizure, accused Ram Autar was brought to the police station alongwith recovered Ganja plants. The recovered Ganja was deposited in the Malkhana. On the basis of seizure memo a case was registered of Crime No. 42 by P. W. 4 Har Narain. He made entry in the G. D. also.
(3.) THE case was investigated by S. I. Jabar Singh, who was incharge of police outpost Kurhan. During investigation, the sample of Ganja was sent to Forensic Science Laboratory, Agra and after chemical examination the sample was found to be cannabis sativa. After completing investigation, the I. O. submitted charge-sheet against the accused. Accused Ram Autar was charged under Section 20 of the Act on 9-9-1997. He pleaded not guilty and claimed to be tried.;