- (1.) UNDER challenge in this appeal is the judgment and order dated 19.7.2012 passed by learned Additional Sessions Judge, Court No. 4 Sitapur in Special Sessions Trial No. 32 of 2010 arising out of Case Crime No. 885 of 2009, Police Station Atariya, district Sitapur whereby the appellant was convicted for the offence under Section 8/21 of the Narcotic Drugs & Psychotropic Substances Act, 1985 and was sentenced to undergo rigorous imprisonment for a period of ten months and also with fine of Rs. 3,000/ - with default stipulation of one month additional imprisonment.
(2.) IN brief the case of the prosecution was that on 28.11.2009, the police party, which was led by S.O. Ram Sahay Gautam was busy in search of wanted culprits and patrol duty. When the police party was going towards "Neelgaon" village and reached at Saraura culvert then they saw a person, who was coming from opposite direction and seeing the police jeep, he made an effort to escape. Such activity of the said person raised suspicion, therefore, at about 20:24 hours, he was apprehended by the police and was enquired into. On enquiry, he disclosed his identity and has stated that he had ten grams of Heroine.
(3.) AFTER completing the necessary formalities, his search was taken and from his possession, ten grams heroine is alleged to have been recovered and recovery memo was prepared. The case was registered and after completing the investigation, charge sheet was filed. The case of the defence was of his false implication. In order to prove its case, the prosecution has examined PW -1 Komal Singh, PW -2 Head Constable Pramod Kumar, as witnesses of fact. PW -3 Constable Munna Lal, a formal witness, who had taken the recovered contraband to Forensic Science Laboratory in a sealed condition. PW -4 Constable Om Prakash Singh, who has prepared chik report and G.D. of this case. PW -5 S.I. Jaiveer Singh, the Investigating Officer of this case.;