MAN MOHAN ALIAS BHURI Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) The appellant was tried in the Court of Special/Sessions Judge, Pauri Garhwal for an offence punishable under Ss. 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act) on the allegation that he was found in possession of 80 grams of Charas without licence at about 7.00 p.m. on 14-11-1999 near Siddh Bali Mandir within the local limits of Police Station Kotdwar district Pauri Garhwal.

(2.) In order to prove its case, prosecution relied upon the evidence of five witnesses, out of which Sub-Inspector Nain Singh Ramola (P.W. 1), the complainant of the case proved the factum of the search of the person of the appellant and the recovery of 80 grams of Charas. He also proved that the recovery and arrest was effected vide Memo. (Ext. Ka.1). At the time of the arrest and recovery Constable Sompal Singh (P.W. 2) was also present and he corroborated the evidence of P.W. 1. They both have also identified the seized contraband (Material Exts. III to V) which was in the form of two globules and one stick. The investigation was conducted by Sub-Inspector Rajender Singh (P.W. 3) who visited the scene of the occurrence and recorded the statements of the witnesses before submission of charge-sheet (Ext. Ka.6) against the appellant. The seized contraband was produced by him in sealed state before the Court when it was sent to Chemical Examiner vide letter (Ext. Ka.5). The F.I.R. of the case was registered at the police station and the check F.I.R. was prepared by Head Constable Rajendra Prasad (P.W. 4). The entry of the registration of the case was also made in the general diary vide report (Ext. Ka.3). The contraband seized from the appellant was sent through Constable Mahesh Chandra (P.W. 5) to the Chemical Lab for analysis on 14-11-1999 and this witness gave out that the contraband was duly received and was delivered in that very State at the Lab and that none was permitted to tamper with the seals of the contraband. The report of chemical analyst was exhibited as, Ext. Ka.7.

(3.) The trial Court believed the evidence of both the witnesses of the arrest and seizure of contraband from the appellant and opined that 70 grams of Charas for which the appellant had no authority to keep with him, was recovered and that since there was neither contravention of the provisions of S. 50 nor of S. 57 of the Act, the charge levelled against the appellant-accused stands proved beyond doubt and accordingly convicted and sentenced him to undergo rigorous imprisonment for ten years and fine of Rs. One lac under Ss. 8/20 of the Act.