- (1.) ALLAH Raham, J. This is an appeal against the judgment and order dated 18. 12. 2000, passed by learned Sessions Judge, Bahampur in Special Criminal Case No. 11 of 2000, whereby accused Lal Chand Yadav was found guilty under section 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (N. D. P. S. Act for short) and sentenced to ten years' R. I. and a fine of Rs. 1,00,000/ -. In default of payment of fine, one year's simple imprisonment was awarded.
(2.) THE prosecution story, as it appears from the statement of Sri Chandra Shekhar Singh, S. O. P. S. Balrampur Dehat (P. W-1) and the record, is that on 3. 4. 2000 at about 2 p. m. an informer informed him (P. W-1) that constable Lal Chand Yadav, who was posted at P. S. Gainsri will deliver charas to someone at about 4 p. m. near Vi-jay Talkies. He (P. W-1) apprised the Superintendent of Police about this information. As directed by Superintendent of Police, he also apprised the Circle Officer Sri K. F. Yadav and Inspector In Charge Sri S. P. Mishra. He took S. H. O. Sri S. F. Mishra, S. I. Sri Lal Ji Yadav, Constable Harish Chandra Yadav, Constable Riyaz Ahmad, Driver Ram Ashish and the informer and reached the scene of occurrence in Jeep No. U. P. 43-A 1906. C. O. City Sri Kamla Prasad Yadav reached the scene of occurrence in a separate Jeep No. U. P. 43-A 9446. THEy took mutual searches and satisfied themselves that nobody had any contraband. At about 4. 10 P. M. the informer pointed towards a person coming from the side of Kotwali having a Khaki bag in his hand. THE informer identified him and slipped away. THE said person was stopped. On inquiry, he disclosed his name as Constable Lal Chand Yadav, P. S. Gainsri, District Balrampur. THE said Lal Chand Yadav was told that as per information, there is charas in his bag. He has to be searched in the presence of C. O. Sri Kamla Prasad Yadav. After initial reluctance, the said Lal Chand Yadav was prepared to be searched in the presence of the C. O. His bag revealed six cakes of charas wrapped in pholios. THE accused had no licence to possess this charas. THE recovered charas was weighed on the spot. It weighed 2 Kg. and 800 gms. THE accused was arrested and the contraband article was recovered. 100 grn. charas each was taken from every recovered cakes for forensic examination and the rest of recovered charas was kept in the pholios and it was sealed in the bag. THE recovery memo (Ext. Ka-1) was prepared on the spot. THE accused, recovered charas and recovery memo were taken to the police station where a chik of FIR (Ext. Ka-5) was prepared and a case was registered against the accused, vide G. D. (Ext. Ka-6 ). S. I. Sri Jagdish Singh Chauhan (P. W-3) was entrusted with the investigation of this case. He recorded the statement of the accused. On 4. 4. 2001, he recorded the statement of S. I. Sri Chandra Shekhar Singh, S. I. Sri Lal Ji Yadav, Constable Harish Chandra Yadav, Constable Riyaz Ahmad, driver of the jeep, driver of C. O. City, S. H. O. Sri S. P. Mishra and Circle Officer Sri Kamla Prasad Yadav. He inspected the site of occurrence and prepared a site plan (Ext. Ka-2 ). On conclusion of investigation, he submitted a charge-sheet (Ext. Ka-3) against the ace used. Accused Lal Chand Yadav pleaded not guilty to a charge under section 8/20 of the N. D. P. S. Act and stated that nothing was recovered from his possession. He specifically denied the recovery of charas from his possession and stated that S. H. O. Sri S. P. Mishra was inimical to him. Due to this reason, he has been falsely implicated in this case.
(3.) IN support of its case, prosecution examined Sri Chandra Shekhar Singh (P. W-1), Circle Officer Sri K. P. Yadav (P. W-2) and S. I. Sri Jagdish Singh Chauhan (P. W-3 ). Sri Salahuddin (D. W-1) and Sri Aqeel (D. W-2) have been examined in defence, Pws. 1 and 2 are the witnesses of fact. P. W-2 is the Circle Officer in whose presence the search of the accused was taken and charas in question was recovered from his possession. S. I. Sri Chandra Shekhar Singh is also the witness of fact. The information was received by him and thereafter the arrest and recovery was made by this witness (P. W-1 ). He has stated that he had taken the necessary precautions and had complied with the provisions of section 50 of the N-D. P. S Act before taking search of the accused. The Gazetted Officer namely, Sri K. P. Yadav (P. W-2) was present on the spot and the search of the accused was taken in his presence.;