RAJESH @ RAM LAKHAN Vs. STATE OF U P

JUDGEMENT

(1.) This criminal appeal has been filed against the judgment and order dated 20.01.2007 passed by Additional Sessions Judge/Fast Track Court No.02, Siddharth Nagar in Special Sessions Trial No.71 of 2006 State vs. Rajesh alias Ram Lakhan under Section 8 (B) (ii) (c) NDPS Act P.S. Dhebarua District Siddhartha Nagar whereby the the accused appellant has been convicted and sentenced to undergo 10 years rigorous imprisonment and fine of Rs. 1 lac. It was also directed that in default of payment of fine the accused appellant shall undergo further imprisonment of three years.

(2.) The prosecution case, in brief, is that on on 20.5.2006 the complainant of this case S.I. Vimlesh Singh along with his colleague Constable 468 Ravindra Mohan Pandey, Constable 319 Anand Kumar Mishra and Constable 161 Vishwas Kumar Chaturvedi was busy at Qasba Barhni in order to prevent illegal smuggling. At that time he received information from the informer that a person having illegal charas coming from Nepal to India was about to go somewhere from Roadways Bus. On believing this information the complainant S.I. Vimlesh Singh along with his colleague and informer came towards Roadways Bus Stand and when they reached near Yadav Hotel, the informer pointed out towards the person who was wearing T-shirt and was standing in front of Roadways Bus Stand. As soon as the police came at Roadways Bus Stand, the person standing there tried to flee away, then the police caught him at about 18.15 hrs at North corner in front of Roadways Bus Stand. On being asked his name and address, the person disclosed his name as Rajesh @ Ram Lakhan (accused appellant) s/o Jagannath, resident of Nevada P.S. Mallava District Hardoi. The said apprehended person was told by the police that they had information that he had illegal Charas and it is his right to be searched before any Gazetted Officer or Magistrate on which he had stated that since he had been arrested by them, so he may be searched by them (police). The police party made search of the accused appellant. On his search four packets of charas wrapped in the strip of clothes at the stomach inside the T-shirt and inserted in pant were recovered. On being weighed, the weight of four packets was found to be 1 kg 800 gm. On being asked about the licence of having recovered charas he could not show the same and he began to beg pardon. After taking sample of 50 gm charas from the recovered contraband, recovered charas and their samples were sealed in separate clothes and sample seal thereof was prepared. The relatives of the accused appellant were informed as regards his arrest by P.C.O. Owner Kailash on Telephone No.05851/243550. During the course of recovery and arrest people were assembled on the spot but no one was ready to become witness. The recovery memo was prepared on the spot which is Ext.Ka.1. On the basis of that recovery memo FIR (Ext.Ka.4) was lodged in P.S. Dhebarua District Siddharh Nagar as Case Crime No.369/06. On that basis a case under Section 8/20 of the NDPS Act, 1985 was registered against the accused appellant. An entry as regards the registration of the case was made in the General Diary, carbon copy of which is Ext.Ka.5.

(3.) The investigation of the case was entrusted to S.I. Vashistha Narain Singh and Virendra Tiwari. The Investigating Officer prepared the site plan (Ext.Ka.12) and after recording the statement of the prosecution witnesses under Section 161 Cr.P.C. filed charge sheet (Ext.Ka.10) against the accused appellant under Section 8/20 of the NDPS Act. The sample was sent to Forensic Science Laboratory for analysis from where chemical examiner report (Ext.Ka.11) was received in which the recovered contraband was found to be charas.