HEERA SINGH SAOUD Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The present criminal jail appeal is directed against the judgment and order dated 26.02.2015 passed by the learned Sessions Judge, Champwat, in S.S.T. No.04 of 2013, 'Sate Vs. Heera Singh Saoud', whereby the learned Trial Court convicted the appellant u/s 8/20 of NDPS Act and sentenced him to undergo ten years' R.I. with fine of Rs.1,00,000/-, and in default of payment of fine, he was sentenced to undergo one years' additional imprisonment.

(2.) Brief facts of the case are that, as per the recovery memo Ex.Ka-6, when the police party was on patrolling duty on 19.12.2012 at about 11:00 AM, an Indigo Car bearing No.DL1YC-1880 was coming from the opposite direction, the accused was apprehended; accordingly, 25 kg. charas was recovered from the said car. On the basis of recovery, a Chik FIR Ex.Ka-10 was lodged with the Police Station, Tanakpur on 19.12.2012 at 13:50 hours. After completion of investigation, chargesheet Ex. Ka-17 was submitted against the appellant u/s 8/20 of NDPS Act. After compliance with the provision of Section 207 Cr.P.C, the charges were framed on 29.05.2013. 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.H.O. Naresh Chandra, PW2- S.I. Prem Viswakarma, PW3- H.C. Hemant Kumar, PW4- Dinesh Gupta, PW5- S.I. Janardan Bhatt and PW6- S.I. Ram Singh Mehta.