- (1.) K. D. Shahi, J. Appellant Naresh Kumar, son of Dub resident of Gali No. 11, Mohalla Mangal Singh Kot, Ludhiana (Punjab), has preferred this appeal against his conviction and sentence under Section 20 read with Section 8-C of N. D. PS. Act convicting and sentencing him to undergo rigorous imprisonment for ten years and to pay a fine of rupees one lac and, in default of payment of fine, to undergo further two years R. 1. Both the sentences were to run concurrently.
(2.) THE brief facts of the case are: that on 20-12-1988 at Platform of N. E. Railway Station, Charbagh, Lucknow search of lug gage of suspected passengers of Train No. 505 Dn. was organised by the Customs Preventive party, Lucknow. During the course of search for the luggage offender Naresh Kumar was intercepted and on search for his bag made before the wit nesses ten kgs. of Nepali Charas was recovered from his possession. It is said that the confession of accused Naresh Kumar, was recorded and he had confessed that it had been purchased by him from Nepal. Sri R. R. Tripathi, Customs Inspec tor had filed the complaint. He was also one of the member of the raiding party. It is said that the sample of the recovered charas was sent for chemical examination on 16-1-1989 and it was found to be Charas. The accused was charged for the offences punishable under Section 20 read with Section 8-C of N. D. RS. Act and also for the charge under Section 33 of the aforesaid Act. Charges were read over and explained to accused Naresh Kumar in Hindi. He pleaded not guilty and claimed to be tried. In proof of his case the prosecution examined P. W. 1 R. K. Tripathi, Inspector Customs Department who had narrated the prosecution story and had stated that at the Platform and N. E. Railway Station, Charbagh, Lucknow accused Naresh Kumar was intercepted and on search of his Jhola 10 kg. Nepali Charas worth Rs. 80,000/- was recovered. He further stated that he enquired from Naresh Kumar whether he wished to be search in presence of some other Officer or he be search by P. W. 1 R. K. Tripathi himself. The exact words are: "maine poochha tha ki tumhari talashi ruai loo ya kisi anya Adhikari ke samne dena chahte ho. "
(3.) THIS witness also proved the seizure memo and the complaint. R. K. Tripathi, on being re-examined, has also proved that he had sent the sample for chemical examination on 16-1-1989. P. W. 2 Daya Ram is an employee of the Customs Department and he was also one of the member of the raiding party. He had also stated about the interception and recovery of the Charas. Regarding search Daya Ram also stated that the accused was asked: "talashi mujhko doge ya afsaran ke samne. Muljim talasi ham logan se kaha. " No other independent witness of the public was examined in this case. I a his statement accused admitted that he had come from 507 Dn. train from Gorakhpur to Lucknow and was on way to Punjab. Nothing was recovered from him. Instead his money, Rs. 5,600/-, was snatched and when he asked for return of the same he was falsely implicated in this case.;