- (1.) G. S. N. Tripathi, J. 3rd Additional Sessions Judge, Ballia, vide his judgment and order dated 31-10-1994, passed in S. T. No. 152 of 79, Stale v. Samit, convicted the accused Samid on a charge under Section 8/20, NDPS Act and sentenced him to undergo 10 years' R. I. and pay a one of its. one lakh. On failure to pay the fine, six months' additional R. L was awarded. Further he convicted the accused on a charge under Section 60, Excise Ace and sentenced him to undergo 6 months R. I.
(2.) ACCORDING to the prosecution, on 5-4-1986 at about 17. 30 p. m. , police party recovered 25 Kgs. of Bhang and two bottles Kachchi Sarab (Alcohol) for which the accused had no licence. After usual investigation, a charge-sheet was laid against the accused. The prosecution examined PW 1 Constable Brijesh Narain Singh, who has deposed that he along with 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 over-powered and his search was taken. 25 Kgs. of Bhang, which he was carrying along with two bottles of Mahua Sarab were recovered and sealed. Public witnesses despite request, declined to be witnesses of recovery and documents.
(3.) PW 2 Constable Pradip Kumar Singh has made similar statement. Pw 3 Head Constable Sakal Narain Yadav has proved the entries in the chik and G. D.;