Ajay Kumar Singh, J. - (1.) THIS appeal has been preferred against the judgment and order dated 13.3.1990, passed by Sri Dharam Pal, the then IInd Additional District and Sessions Judge, Kanpur in Sessions Trial No. 530 of 1988, State v. Ramesh Kumar under Section 18 of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act) Police Station Govindnagar, District Kanpur Nagar, convicting and sentencing the accused to 10 years rigorous imprisonment.
(2.) THE prosecution case is that in the night in between 29th/30th June, 1987 when first informant Sub-Inspector Satyaveer Singh alongwith head constable Hakim Singh was on patrol duty and reached near H.I.G. Crossing, Jaipur Bikaner Bank one person was seen coming from canal. On seeing the police party that person turned back and started moving swiftly. On the suspicion being raised he was challenged by the first informant complainant and was apprehended at about 1.15 a.m. On inquiry that person disclosed his name as Ramesh Kumar and on his personal search 20 grams opium kept in a polythene was recovered from right pocket of his pant. THE seized article was sealed after keeping it in a cloth and sample of seal was prepared. Due to sudden arrest and it being dead night no public witness could be available at that time of recovery. A recovery memo was prepared at the spot and was read over to the witnesses and their signatures were obtained on it. On the basis of recovery memo first information report was registered at the Police Station. Charge under Section 18 of the Act was framed against the accused who denied the charge. To prove the charge the prosecution examined four witnesses namely S.I. Satyaveer Singh P.W. 1 and Hakim Singh, P.W. 2 are the witnesses of arrest and seizure. Sub-Inspector Chandra Kiran Sharma, P.W. 3 is the Investigating Officer, who interrogated the witnesses and prepared a site plan (Exht. Ka-2) and sent the seized article for chemical analysis regarding which report (Exht. Ka-3) was received. After completing the investigation, Investigating Officer submitted charge-sheet under Section 18 of the Act against the accused. The witness has also proved chick first information report (Exht. Ka-5) and copy of G.D. (Exht. Ka-6). Constable Shyam Sunder, P.W. 4 filed an affidavit in which he has stated that he took seized articles to Agra as per order of the Chief Metropolitan Magistrate, Kanpur Nagar and till then the seized article remained with him and its seal was neither tampered nor any change was permitted to be made therein.
(3.) IN his statement under Section 313, Cr. P.C. the accused has denied entire prosecution case and has stated that he has been falsely implicated due to enmity. On the basis of oral and documentary evidence on record the learned trial court found the appellant-accused guilty of the charge under Section 18 of the Act and convicted and sentenced him, as mentioned above. Feeling aggrieved the present appeal has been filed by the accused. Heard learned counsel for the appellant, learned A.G.A. and has gone through the record.;