MAN SINGH BOHRA Vs. STATE

JUDGEMENT

(1.) ALL these have appeals have arisen out of a common judgment and order and the evidence in all the appeals is one and the same as well as the incident is also the same, hence all of them are being disposed of by this common judgment and order.

(2.) ALL these criminal jail appeals, preferred under section 374(2) of The Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.), are directed against the judgment and order dated 16.10.2006 passed by the Special/Sessions Judge, Pithoragarh in Sessions Trial No.1/2006, State Vs. Govind Bohra, S.T. No.2/2006, State Vs. Harak Bohra and S.T. No.3/2006, State Vs. Man Singh Bohra, whereby the learned Special/Sessions Judge has convicted each of the appellants/accused u/s 20 of The Narcotics Drugs and Psychotropic Substances Act, 1985 (hereinafter to be referred as the Act) and sentenced each of them to ten years' rigorous imprisonment with fine of Rs.1.00 lacs each and in case of default of fine, two years' further imprisonment was awarded.

(3.) IN brief, the prosecution case is that on 30.11.2005, PW1 S.I. Shyam Lal along with Constable Bhadar Ram (PW2), Constable Narendra Prasad, while on patrolling duty, was going towards Ranuwa from SSB Camp, D. Company, Sunkholi and as soon as they reached at 300 mts. ahead near culvert at Village Chakdwari, then three persons were seeing coming towards the Kali river having bags with each of them. On seeing the (Shastra Seema Bal) S.S.B. officials, they at once started to move quickly towards Ranuwa. The SSB officials suspecting on their activities, told them to stop, but they did not stop and started running quickly. However, they were caught by using necessary force at about 2:30 PM. Those three persons disclosed their names as Govind Bohra, Harak Bohra and Man Singh Bohra (appellants-accused). It was also stated that the appellants-accused were asked to be searched before a Gazetted Officer but they told them that they had faith on them and they might search them. On the search of the appellant-accused Govind Bohra, about 2.550 kilograms of Charas in a polythene bag was recovered; from the possession of appellant-accused Harak Bohra, about 2.500 kilograms of Charas in a polythene bag was recovered while from the possession of appellant-accused Man Singh Bohra, about 2.050 kilograms of Charas in a polythene bag was recovered. The appellants-accused could not show any licence for having such quantity of Charas. About 200 grams of Charas from each of the polythene bags was kept in three separate boxes and rest of recovered Charas along with Polythene was sealed on the spot and Fard of recovery Ex.Ka-7 was prepared on the spot. Specimen of seal of recovery made from the appellant-accused Govind Bohra is Ex.Ka-17; specimen of seal of recovery made from the appellant-accused Harak Bohra is Ex.Ka-18 and specimen of seal of recovery made from the appellant-accused Man Singh Bohra is Ex.Ka-19. Ex.Ka-11, Ka-12 and Ka-13 are the Fards of information and arrest of the appellants-accused Govind Bohra, Harak Bohra and Man Singh Bohra respectively. Along with the recovered articles, the appellants-accused were taken to the Police Station, Askot where Chik FIR was prepared on the basis of recovery memo on 30.11.2005 at 6:30 P.M. by C/C Harish Chandra (PW6), that Chik FIR is Ex.Ka-27. The entry was also made by him in the G.D., carbon copy of which is Ex.Ka-28. Investigation of this case was entrusted to PW5 S.I. Ganesh Singh, who during the course of investigation inspected the place of occurrence and prepared the site plan of the place of occurrence, which is Ex.Ka-20. The Charas recovered from the 4 possession of appellant-accused Govind Bohra was sent for the chemical examination vide memo Ex.Ka-8. Similarly, Charas recovered from the possession of appellants-accused Harak Bohra and Man Singh Bora was also sent for chemical examination vide memos Ex.Ka-9 and Ka-10 respectively. Reports given by the Assistant Director, Scientific Laboratory, Agra are Ex.Ka- 21, Ka-22 and Ka-23 respectively, vide which it was reported that the contraband sent through all the three plastic bags, was found CHARAS. During investigation, the I.O. recorded the statements of witnesses and on completion of investigation, he filed the charge sheet against the appellants-accused Govind Bohra, Harak Bohra and Man Singh Bohra in the court, vide Ex.Ka-24, Ka-25 and Ka-26 respectively.