Abhai Kumar - (1.) - This jail appeal has been preferred by the appellant from jail against the judgment and conviction dated 4.2.2000 passed by IInd Additional Session Judge, Bulandshahar in S.T. No. 14 of 1999 (State of U.P. v. Prem Prakash) arising out of Case Crime No. 42 of 1999 , under Section 21/22 of N.D.P.S. Act, Police Station G.R.P. Aligarh, whereby the appellant was convicted for 10 years rigorous imprisonment alongwith fine of Rs. 1 lac and in case of none payment of fine, he will further undergo one year additional rigorous imprisonment.
(2.) Brief facts of the case are as follows: As per prosecution story, on 10.3.1999 the appellant was apprehended on railway station by Sub Inspector Nathu Singh Chauhan on being information given by the informer that appellant is having some contraband. When the appellant was arrested, he was apprised of his right to be searched before the Magistrate or Gazetted Officer, but instead he opted to be searched by the arrested police personnels and also given consent in writing. Fifty grams illicit contraband was recovered from the possession of the appellant, which was found to be oxazepam in forensic science laboratory report and investigating officer after finding sufficient evidence against the appellant submitted the charge sheet. Before the trial court charge was framed against the appellant under Section 8/22 of N.D.P.S. Act, which is being denied by the appellant. The prosecution produced PW1 Sub Inspector Nathu Singh Chauhan and PW2 Constable Ajay Kumar being the witnesses of the recovery, whereas the PW3 has been produced as investigating officer of the case. After the prosecution evidence, the statement of the appellant under Section 313 Cr.P.C. is being taken. No oral or documentary defense is being provided by the appellant. After hearing the learned Amicus Curiae on behalf of appellant and learned counsel on behalf of prosecution and going through the record, the trial court found the appellant guilty of possessing illegal contraband and thereby convicted the appellant as referred above.
(3.) During the appeal as appellant did not get his counsel engaged so Ms. Rashmi Srivastava, Advocate is appointed as Amicus Curiae to assist the Court from the side of the appellant to decide the matter.;