Sheo Kumar Singh, J. - (1.) Aggrieved by judgment and order dated 28.10.1996 passed by Additional session Judge (Ayodhya Parkaran) in Lucknow in Session Trial No.466 of 1992 (State versus Subhash Saxena @ Lal Babu) convicting the appellant found him guilty under Section 8-C/18 of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as NDPS Act, 1985) and order on sentence vide which the sentence was passed against the appellant to undergo rigorous imprisonment for a period of ten years and to pay a fine of rupees one lac and in default of payment of fine, convict was ordered to further undergo rigorous imprisonment for six months, the present appeal has been filed.
(2.) The facts in brief are that on 18.9.1992 Incharge Inspector, Udai Narain Singh was busy in maintaining law and order with SSI Sri S.K. Dubey, Constable Shailendra Kumar, Ram Krishna Mishra, Shiv Kumar Pandey with jeep driver Constable Shrikant Mishra, an information was received, on the basis of which, the police party directed to stop a person coming from Koneswar crossing with a bag in his right hand but in response, turned back and started to fled away, the police personnels followed him and at about 6.15 P.M., apprehended the person who introduced him by name Subhash Saxena alias Lal babu. A notice under Section 50 of NDPS Act, 1985 was served to which the accused person refused to exercise the said option and refusal was recorded in writing. Thereafter on the direction of Inspector Incharge, search of the accused Subhash Saxena was affected and one bag was recovered and after opening it was found containing Pepewar Somni Ferum Lim capsules ( Afim, Doda). The material which was recovered from possession of accused-appellant was separated as sample and was sent to Forensic Science Laboratory ( Vidhi Vigyan Prayogshala) Lucknow where it was found that material recovered from possession of appellant was within the notification No. S.O. 527(E) dated 16.7.1996 as mentioned at column No.110, 50 Kg. has been mentioned as commercial quantity and 1000 gram have been mentioned as small quantity. The case property was handed over to the Incharge Inspector and accused was immediately arrested. After chemical analysis of the material found from possession of the accused and after completion of investigation, accused was sent for trial to the court.
(3.) It further emerges from the record that a charge under Section 8/15 of NDPS Act, 1985 was framed against the appellant-accused against which he pleaded not guilty and claimed trial. In order to prove the prosecution case, prosecution had examined P.W.1 Santosh Kumar Dubey, P.W.2 S.I. C.L. Verma and P.W.3 Inspector Incharge Udai Narain Singh. After the closure of statement of prosecution witnesses, the material available was placed before the accused and his statement under Section 313 Cr.P.C. was recorded. After hearing the parties concerned vide order dated 28.10.1996 the appellant Subhash Saxena was found guilty under Section 8/15 of NDPS Act, 1985 and sentenced to undergo rigorous imprisonment for 10 years and fine of rupees one lac for offence and in default of payment of fine convict was to further undergo rigorous imprisonment for a period of six months.;