NARAYAN DUTT Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This appeal has been directed against the judgment and order dated 15.11.2008 rendered by Special Sessions Judge, Pithoragarh whereby the appellant Narayan Dutt was found guilty under section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter called as the Act). After recording the finding of guilt against the accused Narayan Dutt, learned Sessions Judge has convicted him and sentenced him to undergo rigorous imprisonment for 10 years and to pay fine of Rs. 1,00,000/-. In default of payment, he has been further directed to undergo additional two years simple imprisonment.

(2.) Accused Narayan Dutt hails from District Darchula, Nepal and on 21.03.2007 was apprehended while transporting charas 5 kg 380 gms. from Nepal to India. The police party including Sub Inspector Ram Dutt Joshi along with his companion constables were patrolling to maintain law and order in the territorial jurisdiction of their police station Dharchula District Pithoragarh (just a border of Nepal), they noticed accused Narayan Dutt. Noticing the presence of police, he turned back and walked with fast paces. The suspicion arose in the mind of the police personnel so he was nabbed at the spot. When the accused disclosed the possession of 5 Kg 380 grams of charas within his bag, then in order to follow the requisite Rules, he was taken to Sub Divisional Magistrate, (Gazetted Officer) of Dharchula, where he was searched and this much quantity of charas was recovered from him. FIR was lodged and after compliance of various provisions under the Act, investigation was made and chargesheet was submitted for the offence under section 20/22 of the Act. The trial was conducted by Special Judge and after recording, as much as six prosecution witnesses, his conviction was recorded as above. The convict is in caption since 22.03.2007 i.e. next date of his apprehension. He has preferred this appeal through Jail Superintendent, Dehradun.

(3.) Ms. Geeta Parihar, Advocate, was appointed as Amicus Curiae, on behalf of the appellant.