- (1.) This appeal has been preferred again the judgment and order dated 27.3.2014 passed by Additional Sessions Judge, Court No. 1, Maharajganj in Special Trial. No. 42 of 20009 under Section 8/20 of N.D.P.S. Act ,whereby accused-appellant has been convicted and awarded sentence for 10 years rigorous imprisonment and a fine of Rs. One lack. In case of default of payment of fine to further undergo imprisonment of one year.
(2.) Necessary facts for disposal of this criminal appeal are that on 2.10.2009, Station House Officer Ajit Kumar Mishra along with S.I. Ram Nayan Yadav, Constable Ravindra Kumar and Constable Umesh Yadav was on patrolling duty. They saw the accused-appellant coming. Seeing the police he suddenly turned up and tried to run away, upon which on suspicion he was caught by the police party. On interrogation he disclosed his named as Majnu @ Mithun Chaudhary. On inquiry about the bag he told that he was having Charas in it. Thereafter accused-appellant was informed that if he so desired he could be searched in presence of a Gazetted Officer/Magistrate which was his legal right, upon which he replied in writing that he is ready to give up his right and expressed his belief to be searched before the police party. When the bag was opened Charas was found in a plastic bag on being weigh on the balance and weight was found One Kilogram from which 50 gm. Was separated. The sample and remaining contents were sealed in separate bags and recovery memo was prepared. A copy of the recovery memo was also provided to the accused -appellant. The sample was sent to the Forensic Laboratory, Varanasi, where it found charas . After completing investigation charge sheet was submitted to the Court against the accused-appellant.
(3.) Charge under Section 8/20 of N.D.P.S. Act was framed against the accused-appellant . He pleaded not guilty and claimed to be tried.;