ASHOK NARAIN SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This appeal, preferred under Section 374 of the Code of Criminal Procedure, 1973 (hereinafter referred as Cr.P.C.), is directed against the judgment and order dated 11.01.2007, passed by Special Judge (N.D.P.S. Act), Dehradun, in Special Sessions Trial No. 19 of 2005, whereby appellant Ashok has been convicted under Section 8 / 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short N.D.P.S. Act), and sentenced to rigorous imprisonment for a period of ten years, and also directed to pay fine of Rs. 1,00,000/-.

(2.) Heard learned counsel for the parties and perused the lower court record.

(3.) Prosecution story, in brief, is that on 27.02.2005, P.W. 1 Sub Inspector Narain Ram, P.W. 2 Head Constable Babu Lal, P.W. 3 Constable Dinesh Kumar were on checking duty. At about 16:00 hours, when they proceeded from Haripur towards Laldhang, they saw a person with a bag hanging from his shoulder, who on seeing the policemen turned around and started fleeing. This made the policemen suspicious. They chased and apprehended the person. On being apprehended, the person disclosed his name Ashok (appellant). On making search from his bag smell of cannabis came. On inquiry, he told that he is carrying CHARAS. Before search he was told if he desired to be searched by any Gazetted Officer. In reply to that the accused Ashok told the policemen that since he had been apprehended, as such, they could take search of his belongings. The cannabis which was found in the bag of the appellant was got weighed and its weight was found 1 Kg. On this, the policemen sealed the item, and prepared recovery memorandum (Ext. A 1), sample seal (Ext. A -4), arrest memorandum (Ext. A 2), and information memorandum (Ext. A 3) (for being sent to the house of the accused). The policemen took the accused and the seized item to the police station, and got lodged first information report (Ext. A 6) against accused / appellant Ashok, in respect of offence punishable under Section 8 / 20 of N.D.P.S. Act, which was registered as Crime No. 04 of 2005. Necessary entries were made in the General Diary and the item recovered was kept in the MALKHANA. P.W. 5 Sub Inspector Ved Prakash Thapliyal investigated the crime. After interrogating the witnesses, he got sent the seized material to Forensic Science Laboratory, Agra, for chemical analysis. Later, the investigation was taken over by P.W. 6 Sub Inspector Ravindra Kumar Singh, who completed the investigation, and submitted charge sheet (Ext. A 15) against accused for his trial, in respect of offence punishable under Section 8 / 20 of N.D.P.S. Act.