- (1.) MUKTESHWAR Prasad, J. This criminal appeal by accused Liyakat Goojar from jail has been filed against the judgment and order dated 1-4-2004 passed by Additional Sessions Judge, Barabanki whereby he convicted the accused under Section 8 read with Section 21 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 fine of rupees one lac. In default in payment of fine, he was ordered to undergo rigorous imprisonment for a further period of two years.
(2.) IN brief, the facts of the case, which led to the trial of the appellant, are as under. On 12-10-1994, S. I. Qazi Ahmad Ibrahim, the then S. O. Police Station Jaidpur, District Barabanki accompanied by police personnel was returning to the police station on Government vehicle. At about 3. 40 a. m. , the police party arrived at Takiya Crossing and saw someone concealing near the well. On suspicion, the S. O. questioned him. Thereafter, he started running. He was overpowered by the police party and on interrogation disclosed his name as Liyakat Goojar. He was wanted by the police in case crime No. 298/93, under Sections 307/394 I. P. C. After disclosing the grounds of arrest, he was formally arrested by the police. The moment S. I. started taking his personal search he disclosed "jama TALASI LI JANE LAGI TO MAFI MANGATE HUYA RONE LAGA Kl SARKAR HAMARE PAS MORPHINE HAI. MAI BARBAD HO JAYGOONGA TAB USASE KAHA GAYA Kl THIK HAI TUMAHARI TALASI KISI RAJ PATRIT ADHIKARI DWARA LI JAYEGI. ISPER BOLA KE SAHEB MAINETO BATA HI DIYA AB AAP HI TALASHI LEY LELIJIYE. SAB AAP KAY HATH MAY HAI. "
(3.) S. I. Ibrahim recovered 1. 200 kilograms of morphine (heroin) from the right pocket of his kurta. The arresting officer further recovered four puriyas of morphine, which was concealed in a polythine. The recovered contraband was sealed on the spot and a sample of seal was prepared. No public witness was available there and as such, no witness was associated with the alleged recovery. A seizure memo was prepared on the spot in the light of torch. After investigation of the case, the accused was charge- sheeted and was tried. He was charged under Section 8 read with Section 21 of the Act to which he pleaded not guilty on 24-5-95.;