SOBAN SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) The above mentioned appeals have been preferred by the accused appellant against the judgment and order dated 27.10.2005 passed by Sessions Judge, Bageshwar in Sessions Trial No. 5 of 2005 whereby the accused appellant was convicted under Section 8/20 of the N.D.P.S. Act and was sentenced to undergo rigorous imprisonment for ten years and a fine of Rs. 1.00 lac. In default of payment of fine, he has further been ordered to undergo rigorous imprisonment for one year.

(2.) Briefly stated the facts giving rise to the present appeals are that on 28.12.2004 Sub Inspector Arvind Singh alongwith Constable Harish Chand, constable Davendra Singh and Constable Bhoop Singh was checking the vehicles near the water tank. During the checking, they stopped a Mahendra Jeep No. U.A.02-0301 coming from Bharadi side. Meanwhile one person carrying a bag in his hand escaped from the back door of the jeep and started walking towards the village. On suspicion, the person was chased and apprehended by the police officers at 01.30 p.m. On enquiry, he disclosed his name as Soban Singh S/o Sher Singh R/o Supee Patwari Circle Loharkhet, Tehsil Kapkote District Bageshwar. He also disclosed that out of fear, he escaped from Jeep and he was having charas in his possession. Accordingly, Policy party vide Ex-Ka-1 informed that the accused, if he so requires, has right to be searched before a Gazetted Officer or a Magistrate. However, accused stated that he has already disclosed about the Charas in his possession therefore, Officer present at the spot can search his person. During the search of a bag carried by the accused, some thing wrapped in a plastic was recovered, which found to be Charas and on weighment it was found to be 1100 grms., out of which 2 samples of 50gms each were made separately. Both samples as well as remainder were made in separate parcels with the seal of Arvind Kumar and were taken into the possession vide memo Ex-Ka-3. Copy of the memo was also handed over to the accused. On the request of accused, information about his arrest was sent to his son Pan Singh. On the basis of recovery, Chick F.I.R. was recorded on the same day at 03.00 p.m. in Police Station, Bageshwar. Samples and remainder were produced before S.H.O., P.S., Bageshwar who after checking the parcels affixed the seal of B.S. Rana on them and thereafter handed over the same to Moharir Thana Head Constable Arjun Singh. P.W.-4 Inspector Sri B.S. Rana investigated the case and thereafter sent recovered articles for Chemical examination to Forensic Science Laboratory, Agra. Chemical Examiner has submitted report dated 18.02.2005 and as per the report of Chemical Examiner, sample of the alleged articles has been found to be Charas.

(3.) On completion of the investigation, challan was presented. The accused was charge sheeted for the offence under Section 8/20 N.D.P.S. Act to which he pleaded not guilty and claimed trial.