BEENU Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 20.11.2006, passed by the Special Judge, Uttarkashi in Special Sessions Trial No. 2/2006, whereby the appellant has been held guilty for the offence under Section 8 read with Section 20(b)(ii)(C) of The Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'the Act') and sentenced 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 23.10.2005, the SO, PS Purola Virendra Singh along with SI Man Singh Rawat, Constable Tikam Singh, Constable Pradeep Sing and Constable Driver Prem Singh Negi were busy in checking of vehicles at Police Chowki Damta. Meanwhile, information was received from the informant that about 200 metres ahead towards Purola on the road leading to village Dhuik, a person is carrying illegal charas. On this information, the police party reached at the spot and after using necessary force, caught that person at about 5 PM on that day. He disclosed his name as Beenu @ Vinesh. He was apprised of his right that he can give his search before a Gazetted Officer or a Magistrate, but the suspect chose to be searched by the police party itself. On the search, two kilograms charas was recovered from the bag which he was hanging on his left shoulder. The illegal charas was kept in a white polythene, which was kept in a blue polythene in that bag. Sample was taken out from the recovered charas and these were sealed along with the seal. Recovery memo was prepared at the spot by SI Man Singh on the dictation of SO Virendra Singh. On the basis of the recovery memo, case was registered against the accused appellant and necessary entries were made in the G.D. Investigation of the case was done by SO Sanjay Singh Garbiyal, who after completion of the investigation submitted the chargesheet against the accused appellant.

(3.) To prove its case, the prosecution examined PW1 SO Virendra Singh, who was leading the police party; PW2 Constable Atar Singh, who was the member of the police party and who allegedly brought the balance and weights to weigh the illegal charas; PW3 SO Sanjay Singh Garbiyal, who investigated the case and submitted the chargesheet; PW4 Head Constable Dhanram Sharma, who registered the case and prepared the Chick FIR; and PW5 Constable Mohan Chand, who carried the sample of illegal charas to FSL, Agra and brought it back when the same was not accepted by the laboratory as the seal of the police station on the same was not affixed.