AASIQ HUSSAIN Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order dtd. 21/11/2007, passed by the Additional District Judge, Kashipur, Udham Singh Nagar in Sessions Trial No. 62 of 2006, whereby the said court has convicted the appellant under sec. 20 of the Narcotic Drugs and Psychotropic Substances, Act (for short N.D.P.S. Act) and sentenced him to rigorous imprisonment for a period of five years and directed to pay fine of Rs.20,000.00.

(2.) Prosecution story in nutshell is that Sub-Inspector Naresh Chauhan (PW1) along with Constable Pushkar Dutt Bhatt (PW2) and constable Dharmendra Kumar were on patrolling duty; they got information through the informant that the train via Lalkuan-Kichha-Kashipur, which reached Sarkada at 3 hours a person was traveling in it, who was carrying contraband item with him.

(3.) On receipt of the charge sheet, after giving necessary copies, Special Court appears to have heard the parties, and framed charge of offence punishable under sec. 20 of the N.D.P.S., Act, in reply to which accused/appellant pleaded not guilty and claimed to be tried. On this prosecution got examined as many as four witnesses, namely, P.W.I Naresh Chauhan (complainant and witness of recovery who arrested the accused, P.W.2 Pushkar Dutt Bhatt (witness of search and recovery) P.W. Prakash Chandra (subscriber of FIR) and P.W.4 S.I. Mohd. Akram (who investigate the crime and submitted the charge sheet).