- (1.) Accused Major Singh has filed this appeal against the judgment and order dated 31-7-1995 passed by Sri S. B. Balveer, the then Additional Sessions Judge, Jhansi whereby he convicted the accused under Section 20 of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act) and sentenced him to suffer rigorous imprisonment for a period of ten years and to pay a sum of Rs. one lakh as fine. In default he was ordered to undergo further ten years rigorous imprisonment.
(2.) Briefly stated, the facts of the case giving rise to this appeal are as under;- P.W. 1 S.I, Sobaran Singh was posted at Police Station Gursarain in district Jhansi in the month of September 1993. On 15-9-1993, S.I. Sobaran Singh accompanied by three constables Ram Pal Singh, Shiv Raj Singh and Jitendra Awasthi left the Police Station for patrolling in Gursarain Town vide entry in G. D. at serial No. 34 at 9.30 p.m. The police force was proceeding towards mohalla Narainpur and reached the culvert built in Mohalla Narainpur. They saw one person coming from the opposite direction. When he arrived near the police personnel, he took 'U' turn and tried to run away. On suspicion, the police force chased him and succeeded in apprehending him at a distance of 20 paces from the culvert. This arrest was made at about 12.30 (night).
(3.) After interrogation, he disclosed his name as Major Singh son of Govind. After search 50 gms. of Charas wrapped in a polythene paper was recovered from the right pocket of his Kurta. On demand, the accused could not produce any licence for having Charas in his possession. The recovered Charas was kept, in a cloth and sealed on the spot. A sample of seal was also prepared and arresting officer prepared a seizure memo under the street light. The accused was disclosed grounds of his arrest and was formally arrested. A copy of Fard recovery was also given to him since it was odd hours of night, no public witness was available.;