Dinesh Kumar Singh, J. - (1.) This criminal appeal has been filed against the judgment and order dated 17.09.1996 passed by the then Sessions Judge, Banda in Special Case No.57/1996 State Vs. Rajesh, arising out of Crime No.35 of 1996 P.S.-Kotwali Dehat, District Banda whereby the accused-appellant Rajesh has been convicted and awarded punishment under Section 20 of the N.D.P.S. Act of two years rigorous imprisonment and fine of Rs.2,000/- and in default of the payment of fine three months further rigorous imprisonment.
(2.) Facts of this case in brief are as follows:-
(3.) On 23.03.1996, S.O. Purusottam Singh Yadav (P.W.-1) along with H.C.P. Laxman Singh and Constable Udit Raj Sachan had started from police station in official vehicle along with its driver vide Report No.34 time 20:30 hours for night petrolling. When they reached near the road which led to Chilli, they saw one person coming on foot from the side of Gutahe who was having a bag hanging from his left shoulder. The police party stopped their vehicle beside the road and leaving the Jeep and driver there P.W.-1 along with his companion Constables focussed their torch on him and directed the said man to stop. The said person moved in the reverse direction and started running after seeing the police. The police party arrested him after having chased few steps at about 5:30 p.m.; he told his name to be Rajesh son of Shri Punna resident of Village Chilli, P.S.-Kotwali Dehat, District-Banda. His personal search was made and from the bag (Jhola) which he was carrying on his shoulder illegal Ganja was recovered regarding which he could not show any license to possess. Thereafter it was suggested to him, since Ganja was recovered from him, if he wanted to be searched in the presence of a Circle Officer or a Sub-Divisional Magistrate or any other Gazetted Officer, the same could be arranged but the accused told them that he had no objection to be searched by the police party itself which had already made his search. He did not want to be searched again by any other officer. Thereafter he was told the reason of his arrest that 1kg. illegal Ganja was recovered from him for possession of which a license was required and hence he had committed an offence under Section 8/12 N.D.P.S. Act. He was taken into police custody. Out of this recovered Ganja, 100 gms. was taken as sample and the same was wrapped in a newspaper and thereafter it was kept in a white cloth and was sealed therein and a memo was also prepared. Remaining 900 gms. Ganja was wrapped back in the same newspaper and was placed back in the same bag (Jhola) and was sealed therein. The sample seal was also prepared on the spot and after having written recovery memo (Ext. Ka-1), the same was read out to the accused along with companion police officials and their signatures were taken thereon. Many people passing through the way were asked to be the witness to this recovery but none gave consent hence, no public person could be made witness to this recovery. One copy of the recovery memo was provided to the accused.;