HAYAT SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 15.5.2006, passed by the Sessions Jude, Bageshwar in Sessions Trial No. 32/2004, whereby the appellant has been held guilty for the offence under Section 20(b) read with Section 22 of The Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'the Act') and sentenced to undergo three years rigorous imprisonment and to pay a fine of Rs. 5,000/-.

(2.) In brief, the prosecution case is that on 17.8.2004, when S.I. Kalyan Singh, Constable Devendra Pande, Subhash Chandra and driver Ganga Ram were on patrolling duty on Kapkot Road, they saw two persons coming on the motorcycle and on seeing the police, they tried to turn back. On suspicion, those two persons were detained and interrogated, upon which they disclosed that they were carrying charas. Thereafter these persons were apprised of their legal rights and with their consent, their personal search was conducted. During the search, illegal charas was recovered from the appellant and the other person as well. Sample was taken out from the recovered charas and these were sealed along with the seal. S.I. Kalyan Singh prepared the recovery memo at the spot. On the basis of the recovery memo, case was registered against the accused appellant and necessary entries were made in the G.D. Initial investigation of the case was done by S.I. Pooran Chandra Pande, who inspected the place of occurrence, recorded the statements of the witnesses and sent the contraband for chemical examination. Thereafter further investigation was done by Inspector In-charge M.P. Juyal and on completion of the investigation and after receiving the chemical examination report, he submitted the chargesheet.

(3.) On 18.12.2014, learned Sessions Judge, Bageshwar framed the charge for the offence punishable under Section 20(b) read with Section 22 of the Act. The charge was read over and explained to the appellant/accused, who pleaded not guilty and claimed to be tried.