Sheo Kumar Singh, J. - (1.) This criminal appeal has been filed against judgment and order dated 10.9.1999 passed by learned Additional Session Judge Court No.7 in Session Trial No. 245 of 1996 whereby and whereunder the accused/appellant Ram Dularey was found guilty under Section 8/21 of Narcotic Drugs and Psychotropic Substances Act arising out of case crime No 292 of 1996, P.S. G.R.P. Charbagh, District Lucknow and was sentenced to rigorous imprisonment of 10 years and a fine of rupees one lac. Further in case of default of payment of fine, he have to further undergo imprisonment for one year.
(2.) The prosecution case in nutshell is that while S.I. Ram Sharan Chaudhary, SI K.K. Tiwari and S.I. U.S. Ray were busy in law and order duty with constable Jai Prakash and Constable Haider Ali at railway station Charbagh saw a man with jeans bag, who after watching the police man turned back to go out of the platform. The informer communicated the police personnel that he had some contraband items and after chasing him, he was caught hold by the police personnels and was communicated to be searched by the police personnel. They have also communicated to the passengers to be witness of the fact but they refused to be witness and boarded to the train. The accused was interrogated and he has communicated his name as Ram Dularey Gautam. He was told regarding his right to be searched either before gazetted officer or magistrate but he communicated that police personnel may make his search. After searching each other, the accused appellant was searched and was found having one polythene packet with powder and some amount of rupees were also found in his pocket.
(3.) The weight and measurement was called by SI Uma Shanker Ray and each packet was weighted which was found to be 120 grams and there were total four packets and thus 480 grams powder was recovered from possession of accused appellant. 10 grams from each of the packet were taken out for sample for chemical examination and after that packets were kept in polythene which was sealed, signed and read over to the accused appellant. Thereafter the accused with contraband item was kept to G.R.P. and he was challaned. The contraband item was sent to laboratory where it was found to be of Heroin.;