Umeshwar Pandey, J. - (1.) This appeal arises out of the judgment and order dated 30.09.1991 passed by the 3rd Additional Sessions Judge, Kanpur Nagar, whereby the appellant accused Mohd. Zakir was convicted under Sections 20 b (ii) and 17 of N.D.P.S. Act (herein after referred to as the 'Act') and sentenced to rigorous imprisonment for ten years for each offence and to pay a fine of Rs. 1,00,000/-. It was further directed that both the sentences shall run concurrently.
(2.) The alleged story of the prosecution is that while Sub-Inspector Mahendra Nath Rai (PW 1) was on duty to search certain accused of other case on 8.7.1990, he noticed that two persons were trying to run away after having seen the police party approaching there. The police after a little chase arrested them at about 1.15 p.m. The appellant Mohd. Zakir has been found in possession of five small packets of charas and one packet of smack. The other person disclosing his name as Brij Mohan Shukla was also found in possession of five small packets of charas and one small packet of heroin. They were arrested and recovery memo was prepared on the spot. The recovered articles were also sealed on the spot. Thereafter, the accused and the recovered contraband were brought to the Police Station where the F.I.R. was lodged on the basis of the recovery memo. The accused and the recovered contraband were deposited at the Police Station. The contraband so recovered was sent to the Serologist for analysis and these articles were found to be heroin and charas. The matter was investigated and after its completion charge sheet (Ext. Ka-4) was sent against the appellant Mohd. Zakir.
(3.) The prosecution in support of its case has examined PW 1 - the recovery officer S.I. Mahendra Nath Rai and Head Constable Satyadeo Misra. The genuineness of the other formal documents were since admitted by the defence but the Investigating Officer in the present case has not been examined to prove them.;