BRIJMOHAN Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The present criminal jail appeal is directed against the judgment and order dated 20.09.2017 passed by the learned Special Session Judge, Uttarkashi in S.S.T. No.04 of 15, State Vs. Brijmohan, whereby the learned Trial Court convicted the appellant u/s 8/15 of the N.D.P.S. Act and sentenced him to undergo four years' R.I. with fine of Rs.25,000/- in default of payment of fine he was sentenced to undergo one year's S.I.

(2.) Brief facts of the case are that, on 15.10.2014, when the police party were on patrolling duty, they received information that one person is coming from opposite direction and carrying two plastic bags containing contraband article. On the basis of the said information, police party apprehended the appellant at 15:20 hours. The appellant disclosed his name and told that he was carrying poppy straw and going to Rishikesh to sell it out. On the basis of the search, 24 Kg. poppy straw was recovered from the bag. Accordingly, recovery memo Ex.Ka-10 was prepared. Consent letter Ex.Ka-6 was also prepared on the spot. Samples Ex.Ka-7 and Ex.Ka-8 were taken at the spot. On the basis of recovery memo a Chick FIR Ex.Ka-2 was lodged at the police station Dharasu, Uttarkashi. After investigation, chargesheet Ex.Ka-16 was submitted. Accordingly, cognizance was taken on 24.02.2015. After compliance of provision of Section 207 Cr.P.C; the charges were framed under Sections 8/15 of the N.D.P.S. Act. The appellant denied all the allegations and claimed to be tried.

(3.) To bring home the guilt of the appellant, the prosecution produced PW1-S.I. Baru Singh, PW2 Constable Chandrapal Singh, PW3 Constable Safri Singh, PW4 Constable Kuldeep Chauhan, PW5 Head Constable Raghuvir Singh, PW6 S.I. Chandra Mohan Kala, PW7 S.I. Vinod Chaurasia, PW8 S.I. Sandeep Rawat and PW9 Mohd. Akram.