SANJAY CHAUDHARY Vs. STATE

JUDGEMENT

(1.) This appeal, preferred by the appellant under Section 374(2) of The Code of Criminal Procedure, 1973 (hereinafter to be referred as 'Cr.P.C.'), is directed against the judgment and order dated 14.05.1996 passed by the II Additional Sessions Judge, Nainital in Special Sessions Trial No.272 of 1993, State v. Sanjay Chaudhary, whereby the learned II AddI. Sessions Judge has convicted the appellant/ accused under Section 8/20 of The Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'the Act') and sentenced him to undergo rigorous imprisonment for a period of 10 years.

(2.) Heard learned Counsel for the parties and perused the entire material available on record.

(3.) In brief, the prosecution case is that on 13.2.1993, P.W.4 S.O. Harish Chandra Singh along with P.W.2 Constable Khem Singh arrested the appellant-accused near the Dharamshala on Haldwani Road, Tallital, District Nainital. It was also stated that the appellant-accused was asked to be searched before a Gazetted Officer but he told the police personnel that he had faith on them and they might search him. On his search, about 100 grams Charas in a polythene was said to be recovered from the possession of appellant-accused from the pocket of his jacket. The recovered Charas was sealed on the spot and specimen of seal was also prepared. Fard of recovery Ex.Ka-3 was also prepared on the spot. Along with the recovered article, the appellant-accused was taken to the Police Station where Chik FIR was prepared on the basis of recovery memo on 13.2.1993 at 3:30 A.M. by Head Constable Ramesh Chand (PW1), that Chik FIR is Ex.Ka- 1. Entry was also made by him in the G.D., carbon copy thereof is Ex.Ka-2. Initial investigation of this case was entrusted to S.I. Kripal Singh Negi and on his transfer, the investigation was entrusted to PW3 S.I. Rajeev Kumar, 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-6. The recovered Charas was also sent for the chemical examination and the report given by Joint Director, Scientific Laboratory, Agra dated 15.3.1993 is Ex.Ka-5. During investigation, the I.O. recorded the statements of witnesses and on completion of investigation, he filed the charge sheet against the appellant-accused in the court, i.e. Ex.Ka-4.