- (1.) Instant appeal has been preferred against the order of conviction and sentence dated 12-1-1995 passed by learned V Additional Sessions Judge, Kanpur Dehat, in S.T. 18 of 1994 by which the appellant has been convicted with 10 years imprisonment and fine of Rs. 1 lac under Section 18/20 Narcotic Drugs and Psychotropic Substance Act (hereinafter referred to as the Act) and in case of default for payment of fine one year's additional sentence.
(2.) The case was passed over many times on the request of the learned counsel for the appellant. Non bailable warrant was issued against the appellant but could not be executed. The appellant is absconding. Since non appeared for the appellant, hence argument of learned AGA was heard, record was perused and judgment is being delivered on merit.
(3.) According to prosecution Ashwini Kumar Sinha, Station Officer, police station Gajner, district Kanpur Dehat, constable Ajay Kumar and constable Sukhram were busy in examination duty on 7-4-1994 as they had to maintain law and order of Gajner Kathethui centre. They along with one R.B. Singh constable were coming back after the examination was over. When they reached on the turn of Jalalpur Magra one person, who was coming from the side of Nabipur all of a sudden turned back seeing the police party. When objection was raised he started to run away. The police party chased him and arrested him at 20 steps from the turn. On being arrested he told himself to be Raju alias Mama alias Ram Gopal of District Fatehpur. One Kg. Charas was recovered from his possession. While making recovery he was asked whether he wanted search being made in presence of some Gazetted Officer, but the accused expressed faith in the police and said that there was no need to produce him before the Magistrate. The police party made effort to search out some witness of the recovery but persons passing on the road were not ready to witness it. After recovery two bundles of 24 Gms. each were made for purposes of sample and rest was kept in a bundle. The occurrence is said to have taken place at about 10.45 a.m. on 7-4-1994.;