KESH BAHADUR GAURANG Vs. STATE

JUDGEMENT

(1.) The impugned judgment of 30th Sept., 2011 holds appellant guilty for the offence under Sec. 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the "NDPS Act") and vide impugned order of 7th Oct., 2011, appellant has been sentenced to rigorous imprisonment for ten years with fine of Rs. 1,00,000.00 and in default of payment of fine, appellant has been directed by the trial court to undergo rigorous imprisonment for one year, as on 25th March, 2010, appellant was found to be in illegal possession of 2.5 kgs of charas.

(2.) The facts as noted in the impugned judgment are as under:-

(3.) To prove the charge of illegal possession of 2.5 kgs of charas, prosecution has relied upon deposition of seventeen witnesses and out of them, SI Satyawan (PW17) is the one who had conducted the proceedings at the spot along with public witness Naveen Tomar (PW12) and other police officials. It is pertinent to note that raiding party comprised of SI Satyawan (PW17), public witness Naveen Tomar (PW12), Head Constable Om Prakash (PW16) and Constable Sohan Pal (PW13). After completion of investigation and upon obtaining of FSL Report, the charge sheet in this case had been filed by Investigating Officer (PW14).