G.S.N.Tripathi - (1.) IIIRD Additional Sessions Judge, Ballia. vide his judgment and order dated 31.10.94, passed in S.T. No. 152 of 79, State, v.Samid. convicted the accused Samid on a charge under Sections 8/20 N.D.P.S. Act and sentenced him to undergo 10 years' R.I. and pay a fine of Rs. 1 lakh. On failure to pay the fine, six months' additional R.I. was awarded. Further he convicted the accused on a charge under Section 60 Excise Act and sentenced him to undergo 6 months' R.I.
(2.) ACCORDING to the prosecution, on 5.4.86 at about 17.30 hours police party recovered 25 Kgs. of Bhang and two bottles of Kachchi Sharab (Alcohol) for which the accused had no licence. After usual investigation, a charge-sheet was laid against the accused. The prosecution examined P.W. 1 Constable Brijesh Narain Singh, who has deposed that he alongwith S.I. S.B. Singh was on a patrol duty. This party saw the accused moving on a cycle carrying some items. The S.O. accosted him. But he tried to run. However, he was overpowered and his search was taken. 25 Kgs. of Bhang, which he was carrying alongwith two bottles of Mahua Sharab were recovered and sealed. Public witnesses despite request, declined to be witnesses of recovery and documents.
(3.) P.W.2 Constable Pradip Kumar Singh has made similar statement. P.W.3 Head Constable Sakal Narain Yadav has proved the entries in the chik and G.D.;