Rajiv Lochan Mehrotra, J. - (1.)Heard learned counsel for the appellant, learned A.G.A. for the State and perused the record.
(2.)The present appeal has been preferred against the judgment and order dated 29.11.2012 passed by Additional Sessions Judge Court No. 7, Farrukhabad in Special Sessions Trial No. 114 of 2011 arising out of case crime No. 415 of 2011 police station-Rajepur, district-Farrukhabad thereby convicting the appellant for ten years rigorous imprisonment and a fine of Rs. One lac under Section 21/22 of N.D.P.S. Act.
(3.)The prosecution story in nutshell is that on 16.10.2011, Sub-Inspector Ranvir Singh along with Constable Om Singh and Manoj Kumar Singh were busy in routine checking. Meanwhile, they received an information from the informer to the effect that a man having nitrazepam powder is coming from the side of Nibia. On receiving such information, the police team tried to arrange some independent witnesses but no one became agree to be a witness. After sometime, a person coming from the side of Nibia was pointed out by the informer. The said person was apprehended by the police at about 5:25 pm. He disclosed his name as Deepu Rajput, resident of Gram-Bhuddanpur, Police Station-Rajepur, District-Farrukhabad and said that he is having 1 kg. Nitrazepam powder with him. He was told that in case he wishes, he may be searched before the Gazetted Officer or Magistrate as per provision of Section 50 of N.D.P.S. Act but he expressed his trust to the raiding team and said that raiding team could search him. He was searched and some nitrazepam powder contained in a bag held by him in his right hand was recovered. Constable Om Singh was sent to the market along with recovered article for its measurement. On weighing, it was found 1 kg out of which 50 gm powder was separated as representative sample. Representative sample and the remaining contraband were kept in separate bundles and both these bundles were sealed separately on the spot.