KHIM GIRI Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 7.4.2007, passed by the Special Judge, Almora in Special Sessions Trial No. 16/2005, whereby the appellant has been held guilty for the offence under Section 8 read with Section 20 of The Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'the Act') and sentenced him to undergo rigorous imprisonment for ten years and to pay a fine of rupees one lakh.

(2.) In brief, the prosecution case is that on 26.7.2005, SHO Ganga Singh along with Constable Subhash Chandra Pant, Ram Singh and driver Dan Singh departed from the police station for searching intoxicating substances and were on the way to village Bhatkot. When they reached near Laxmi Hotel, they found two persons going on the road towards Hanuman Mandir Block having bags on their heads. Thereafter the police patrolling party immediately apprehended after chasing them at about 14.50 hours on 26.7.2005. The appellant was informed of his right of being searched before a Gazetted Officer or a Magistrate, but he declined the offer. SHO Ganga Singh took his search in presence of Head Constable Kalyan Ram. The appellant was found carrying 20 kg ganja in a plastic bag, whereas the co-accused was found carrying 25 kg ganja in a bag. The contraband was seized. Two samples of 500 grams ganja each were prepared at the spot and remaining ganja was kept intact in the bags. Thereafter the accused persons were arrested and they along with the recovered contraband were brought to the police station, where the FIR was registered. After completing the investigation, the police submitted the chargesheet against the accused persons.

(3.) To prove its case, the prosecution examined SHO Ganga Singh as PW1, Sub Inspector Kalyan Ram as PW2 and the Investigation Officer S.O. Kunwar Singh Rawat as PW3.