BENI PRASAD Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This is a criminal appeal against the judgment and order of the then Additional District and Sessions Judge, Maharajganj dated 25-1-2001 in Special Case No. 79 of 1994 convicting and sentencing the accused appellant under Section 8/20B (ii) N.D.P.S. Act to 10 years Rigorous Imprisonment and a fine of Rs. 1 lac and in default of payment of fine he shall further undergo 3 years R.I.

(2.) The prosecution case briefly stated is that on 20-6-1990 the informant in the case Tribhuwan Singh Rathore, the then Station Officer of P. S. Nautanwa district Maharajganj was on patrol duty accompanied by Police Constable Yogendra Nath Shukla and Police Constable Sujauddin, at about 9:30 in the night, he received an information from an informer that accused Beni Prasad along with another having Charas were coming from Nepal and they would enter the territory of India through Tumohanua Ghat, if efforts were to be made, the Charas would be recovered. Relying upon this information he took public witnesses named Basir Ahmad and Dashrath from Kasba Nawtanwa and stepped by road leading to Dumohanua Ghat, ambushed in a bush situated on the northern side of the Christian School, at about 10.20 two persons were seen coming from the side of Nepal. As they came nearer they were directed to stop. They tried to run away but apprehended on spot, on being interrogated, both disclosed their identities as Beni Prasad and Deep Shanker Upadhyay. Both persons were searched. A leather bag containing 1 kg. Charas covered with a plastic and Rs. 93300.00 was recovered from the possession of Beni Prasad while 1 kg. Charas was also recovered from a plastic bag from the possession of Deep Shanker Upadhyay besides Rs. 10.00 note.

(3.) The said recovered articles were taken into the custody of the police and the separate samples were taken from the said Charas and sealed. Regarding the money recovered, the abovenamed persons disclosed that they had gone to Nepal to purchase Charas, but could not get it in sufficient quantity. The recovery memo as Ext. Ka-1 was prepared on the spot in the light of the torch and the signatures of the arrested accused persons were obtained on the recovery memo, on the basis of this recovery memo the First Information Report marked as Ext. Ka-3 was registered against them at 11.20 p.m. at P. S. Nautanwa and an entry was also made in the General Diary Ext. Ka-2. The accused persons were arrested and they were told why they were arrested.