SURENDRA KUMAR SHARMA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The present criminal appeal is directed against the judgment and order dated 10.11.2006 passed by the learned Special Session Judge, Pithoragarh in S.S.T. No.04 of 2003, State Vs. Surendra Kumar Sharma, whereby the learned Trial Court convicted the appellant u/s 20 of the N.D.P.S. Act and sentenced him to undergo three and half years' R.I. with fine of Rs.10,000/- in default of payment of fine he was sentenced to undergo six months' additional imprisonment.

(2.) Brief facts of the case are that, on 14.11.2002, when S.H.O. B.L. Rawat along with Sudhir Kumar Singh, Constable Rajpal Singh and Constable Govind Ballabh were on patrolling duty, the informer informed them that the accused is coming from village Kusauli and he is carrying charas. Accordingly, the police party apprehended the appellant and 250 gram charas was recovered from the bag which was being carried by the accused. Accordingly, on the basis of the said recovery, recovery memo Ex.Ka-1 was prepared at the spot. On the basis of recovery memo, a Chick FIR Ex.Ka-2 was lodged at the police station Kotwali Pithoragarh on 14.11.2002 at 18:40 hours. GD Ex.Ka-3, Site map Ex-Ka-4 was also prepared. Samples of the recovered article were taken and sent to forensic laboratory, Agra. The report of FSL is Ex.Ka-5. After investigation, charge-sheet Ex.Ka-6 was submitted. Accordingly, cognizance was taken on 15.07.2003. After compliance of provision of Section 207 Cr.P.C; the charges were framed under Sections 18/20 of the N.D.P.S. Act. The appellant denied all the allegations and claimed to be tried.

(3.) In order to prove the case, the prosecution produced PW1-Dhani Ram, PW2 S.I. Sudhir Kumar Singh, who stated that on 14.11.2002 they were on patrolling duty and informer informed them about the appellant. Accordingly, the accused was apprehended. The Search was conducted in presence of TehsildarDhani Ram and accordingly, 250 gram charas was recovered from the bag of the accused.