S.I.Jafri - (1.) THE instant appeal has been preferred by Shafiq Ahmad against his conviction under section 8/20 (b) (i) of Narcotic Drugs and Psychotropic Substance Act, 1985 and sentence of 10 years' R. I. coupled with fine of Rs. 100000/- and in default of payment of fine, the appellant was directed to under go one year's R.I. recorded by Sri Amar Sinha, Additional Sessions Judge, Lucknow by his judgment and order dated 23rd March 1988 in Sessions Trial no. 432 of 1986.
(2.) TO embark upon the prosecution case, it is alleged that appellant Shafiq Ahmad was apprehended by P. Saran, Custom Inspector PW 1 on 26th of July 1986 at about 3.20 A.M. at Charbagh Roadways bus stand Lucknow in the presence of K. C. Agnihotri, Lalmani, Rajiv Agarwal, Brij Lak and Ram Asrey and recovered 9 kg. of Charas (hempt) from a container kept in a bag from the possession of the appellant. Thereafter along with the bag, appellant Shafiq was taken to the Custom Office which lay at a distance of six Kms. from Charbagh bus stand. The aforesaid Customs Inspector P. Saran while taking the accused from Charbagh bus-stand to his office took with him two persons namely, Ajai Kumar and Ram Lakhan from amongst the crowd gathered at the time of arrest and proceeded to the custom office Lucknow and there a recovery memo Ex. Ka 2 was prepared by P. Saran, Custom Inspector in the presence of public witnesses, Ajai Kumar and Ram Lakhan. Thereafter, signatures of the aforesaid witnesses, namely, Ajai Kumar and Ram Lakhan were obtained on the said recovery memo Ex. ka 2. Later on, a confessional statement Ex. ka 1 of the accused was extracted in the writing of the accused itself. Subsequently, the accused was sent to jail the same day. On 22-10-1986, a complaint was filed against Shafiq Ahmad, accused by P. Saran, Custom Inspector in the Court of Chief Judicial Magistrate, Lucknow and the learned Magistrate took cognizance of the case against the accused and committed him to the court of sessions to stand his trial under section 8/20 (b) (ii) N. D. & P. S. Act. The accused pleaded not guilty to the charge before the trial court and denied the recovery adding that the confessional statement had been extracted from him under duress.
(3.) IN support of its case, the prosecution examined three witnesses namely, P. Saran, Custom INspector and Lalmani, Central Excise INspector on the point of arrest as well as recovery of contraband (charas) from the accused. K. K. Wasi was examined as a court witness in order to prove that the contraband recovered from the accused was found to be Charas on examination by him vide his report Ex. ka 5. P. Saran PW 1 Custom Inspector has dwelt upon the prosecution story in detail deposing that he found Shafiq Ahmad accused moving about in suspicious circumstances at Charbagh Bus Stand at about 3 20 A.M. on 26-7-1986 and looking for Kanpur bound Bus, upon which he got suspicious and took search of his bag, in the presence of Lalmani PW 2, K. C Agnihotri and others and upon search, he found nine Kg. Charas from a container placed in the bag. Thereafter, he took the accused along with recovered contraband to the Custom Office lying at a distance of six Kms. from Chargagh Road-ways bus stand consequent to the request made by the accused as he was much upset there On way to the Custom Office, the witness took with him Ajay Kumar and Ram Lakhan from amongst the crowd in order to witness the recovery. He further deposed that on reaching the office, he prepared a recovery memo Ex. ka 2 of the recovery of charas from Shafiq Ahmad after about 7 A.M. in the presence of the aforesaid witnesses and the witness namely, Ajai Kumar and Ram Lakhan also put their signatures on the said recovery memo. He further deposed that the accused had made a confessional statement Ex. ka 1 in his own writing wherein he pleaded guilty.;