Anil Kumar Srivastava, J. - (1.) Heard Shri Amit Chaudhari, learned counsel for the appellant and learned A.G.A. and perused the record.
(2.) Instant appeal has been preferred against the judgment and order dated 26.02.2010, passed by learned Additional Sessions Judge, FTC-I, Lucknow in Criminal Case no. 148/09, Crime No.29/09, Police Station GRP, whereby the accused appellant was convicted under section 18/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985,( hereinafter referred to as NDPS Act) and sentenced to 10 years rigorous imprisonment and fine of Rs.100000/-.
(3.) According to the prosecution version, on 24.01.2009 police party led by SI Uday Pratap Yadav was busy in checking at Railway station Harauni. They saw that one person is coming from crossing side to catch the Train No.8LKM. He got suspicious after seeing the police party. On the basis of suspicion police party apprehended him at 12:20 PM adjoining the railway line. His name was Ashish. He confessed that he had robbed a gold chain from a lady in Rapti Sagar Express and he also possesses 1.050 Kg of charas. Accused was informed that he may call a Gazatted Officer for his search but he said that the police party may search him. A consent letter was prepared. In search of the accused Charas of 1 kg 50 gms in red colour polythene from the hands of accused was recovered, a gold chain was also recovered. Accused confessed that he robbed the chain in a running train from a lady. Accused was taken into custody. Arrest memo was prepared. Recovery memo was also prepared. No public witness was ready to become a witness. Recovered charas was sealed and the accused was taken to the police station where first information report was lodged at crime no.29/09. Recovered articles were sent to Forensic Science Laboratory on 05.3.2009. During investigation site plan was prepared. Statement of witness were recorded. Report of the Forensic Science Laboratory was received on 26.3.2009. It is reported that the recovered article was 1.130 Kg in quantity and it was charas. Thereafter charge sheet was submitted.;