SATYA NARAIN AGNIHOTRI,J. - (1.) Feeling aggrieved with the impugned judgment and order dated 9.8.2011 passed by learned Sessions Judge, Court No.9, Hardoi, whereby learned Sessions Judge held guilty to the appellant accused under Section 8 and 15 of the Narcotic Drugs and Psychotropic Substance Act (for brevity N.D.P.S. Act ) and punished him with 10 years rigorous imprisonment and fine of Rs.1,00,000/- and in default of payment of fine to serve additional two years imprisonment, the accused appellant filed this appeal.
(2.) The facts of the prosecution case may be summarized as under:- P.W.-1 Sri Kripa Shanker Dixit, Sub-Inspector, Station Officer of Police Station Pihani, Hardoi lodged a first information report against the appellant accused stating therein that on 26.7.2004 when he along with other police officials, was busy in search of culprits of other crimes at about 5.00 A.M. and when he was at Barbar Tiraha, he met with Incharge of Outpost Jahani Kheda who informed that the informer intimated him that one person is seated on the highway under the Seesam tree with few sacks in which he has husk of poppy. Relying on the information, complainant himself along with Incharge of Outpost and other police officials reached at the place informed by the informer where he found that one person is seated with sacks which are five in number. On interrogation he told his name Balwant Singh and also his address. Upon enquiry about the sacks it was informed by the appellant that in all these sacks there was husk of poppy. Weight of each sack was about 40 kilograms. After receiving these informations from the appellant accused, it was informed to him by the police party that your search would be done by the Magistrate or a Gazetted Officer. The appellant requested to be searched by present police party and executed a consent letter on which he made his signature with complainant. The seal of the sacks was open by the appellant accused and it was ascertained that the material which was inside the sacks was husk of poppy. Whereupon the accused appellant was taken into formal custody and recovery memo was prepared by the Head Constable Sri Shiv Naresh Singh under the dictation of complainant Sri Kripa Shanker Dixit. Thereafter accused appellant along with recovered sacks brought at the police station Pihani and formal first information report was lodged.
(3.) The matter was investigated by Sri Ranvijay Singh P.W.-5 and Sri Devendra Singh P.W.-6. After completing investigation P.W.-6 Devendra Singh submitted charge-sheet against the appellant accused which is Exhibit Ka-9 on the record.;