- (1.) UMESHWAR Pandey, J. This criminal appeal arises out of the judgment and order dated 16-3-1994 passed by the 1st Additional Sessions Judge, Saharanpur, convicting the appellant-Ravi alias Nitu and sentencing him to rigorous imprisonment for ten years and to pay a fine of Rs. 1,00,000/- in S. T. No. 933 of 1992 under Section 15 of N. D. P. S. Act (hereinafter referred to as the 'act' ).
(2.) THE appellant is said to have been arrested by the police patrol party, which also included by PW 1- Bhanu Pratap Singh and PW 2-B. L. Gautam, Sub-Inspector of Police Station Kotwali Nagar, Saharanpur. While the police party was on patrol duty in the night of 19-9-1992 at about 10. 30 a. m. , it noticed the present appellant alongwith Arun @ Bobby coming from opposite direction. THEy tried to escape after having seen the police party coming near them but the police getting suspicious against them, chased and the appellant alongwith his companion was thus, arrested. Both of them were carrying one bag each which the police party proposed to search. Accordingly PW 2, B. L. Gautam, Sub-Inspector gave an option to the appellant to get his search done in presence of a Magistrate or a Gazetted Officer. But both the accused persons agreed to give their search to the police party itself. Accordingly, the search was taken on the spot and 2-1/2 Kgs. of Doda powder was found kept in the respective bags of the appellant and the other accused. THE recovered contraband was sealed on the spot and its recovery memo was prepared. A copy of the seizure memo was provided to each of them and in acknowledgment thereof their signatures were obtained on the seizure memo. THE accused and the recovered contraband were brought to the Police Station and the case was registered. The case was investigated by PW 3, Gyan Singh, Sub-Inspector. He recorded the statements of the witnesses. The recovered contraband was sent for chemical examination through Sessions Judge concerned which on examination was found to be Doda powder vide report of the Chemical Examiner (Ext. Ka-9 ). The Investigating Officer, after completing the entire formality in the matter, submitted charge-sheets against the appellant and the co-accused. Both the cases of respective accused were jointly tried and the prosecution examined its witnesses Bhanu Pratap Singh, Head Constable, as PW 1 and B. L. Gautam, Sub-Inspector, as PW 2. They are the persons who claim to have made the recovery of contraband as members of the police party from the appellant. PW 3 is Gyan Singh, the Investigating Officer.
(3.) THE accused appellant Ravi @ Nitu has denied the entire allegations of prosecution and stated that he had been falsely implicated on account of enmity with the police. The trial Court, after having considered the evidence led from the side of the prosecution and other material available on record, found that the offence for which the accused was charged under Section 15 of the Act, had been proved to the hilt against him and accordingly convicted him for the same and sentenced him, as detailed above.;