Shailendra Saksena, J. - (1.) . - This appeal filed under section 374 of the Cr. P.C. Is against the judgment and order dated 2.7.1994 passed by the Special Judge, Unnao in S.T. No. 110 of 1992 under section 18/20 N.D.P.S Act, P.S. Gangaghat District Unnao. The learned Special Judge had found accused-appellants guilty for offence punishable under section 20 of the Narcotic Drugs And Psychotropic Substances Act and had sentenced the accused-appellants to undergo rigorous imprisonment for a period of ten years and Rs. 1,00,000/- fine each and in default of payment of fine five years R.I.
(2.) The case of the prosecution in brief so far as It is relevant for disposal of this appeal are that on the date of this occurrence i.e. 19.12.1991 S.O. Gangaghat, Ram Naresh Singh Yadav had apprehended Pratap Singh and Krishna Chandra selling illicit Charas. when these two persons were apprehended they informed the arresting officer Ram Naresh Singh Yadav that they purchased Charas from the accused-appellant Chandrabhan Singh and Udaibhan Singh. who lived in Mohalla Jagni Khera, P.S. Gangaghat and are tenant of Rameshwar Prasad Srivastava, they get their supply from Nepal. Believing this information to be true S.O. alongwith Police force arrested accused Krishna Pratap Singh reached the house of Rameshwar Prasad Srivastava at 11.00 a.m. there Girish Chandra Srivastava son of Rameshwar Prasad Srivastava was present. Accused Udaibhan Singh and Chandrabhan Singh were called and were asked to open tenanted room. On this accused confessed their crime and took out a packet which weighed about 400 gms. this bag was kept inside the room and the charas was kept, the alleged recovered charas was sealed on the spot. Recovery memo Ext. Ka-1 was prepared on the spot. Signatures of witnesses and the accused were taken on the spot. On the basis of this recovery memo F.I.R. was registered, case was investigated, thereafter charges were framed against the accused.
(3.) Charge under section 20 Narcotic Drugs And Psychotropic Substances Act was framed against the accused-appellant.;