DEV RAM @ CHINTU Vs. STATE

JUDGEMENT

(1.) THE appellant was tried in the Court of II Additional Sessions Judge, Nainital in Special Trial No. 131 of 1996 on the allegations that on 26-2-1996 at 6.00 p.m. at the crossing near mosque in the town of Tanakpur, he was carrying with him 750 grams of Charas and thereby he committed an offence punishable under Section 8(c)/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for the short-N.D.P.S. Act).

(2.) BRIEFLY stated the prosecution case is that on 26-2-1996 Sub- Inspector J.K. Gangwar (PW 3) alongwith constables Mangalsen (PW 1) and Tej Singh (PW 2) left the police station Tanakpur on patrol duty at about 4.20 p.m. When the police party reached the crossing near mosque a man coming from the side of the crossing was seen. On seeing the police party, he tried to escape. This aroused suspicion in the mind of the Sub-Inspector and other members of the police party. They intercepted that man near the crossing at 6.00 p.m. and inquired about his identity. On inquiry he told his name as Dev Ram alias Chintu and also told that he had Charas in his possession. The Sub-Inspector then informed him that he has a legal right to be searched before a Gazetted Officer or a Magistrate but the culprit did not volunteer to avail the said right and told the police to take his search. On search being made about 750 grams of Charas was recovered from his possession. It was kept in a polythene bag, which the said culprit was then carrying with him. He failed to show licence to possess the Charas. No public witness could be procured at that time due to a chance recovery. The recovered contraband was sealed(sic) in a packet on the spot and a memo of sample seal was prepared. The memo of arrest and recovery (Ex. Ka-1) was also prepared on the spot. The signatures of the said culprit were obtained on the recovery memo and he was then brought to the police station with the recovered contraband and a case was registered against him. The recovered contraband was sent for chemical analysis and per report (Ex. Ka-6), article was found to be Charas weighing about 550 grams. The investigation of the case was taken up by S.I. Anil Kumar Tyagi (PW 4) who on completion of the investigation submitted charge-sheet (Ex. Ka-7) on 25-3-1996 against the appellant.

(3.) IN order to prove its case the prosecution had examined constable Mangal Sain (PW 1), constable Tej Singh (PW 2) and S.I. J.K. Gangwar (PW 3) as witnesses of the fact and S.I. Anil Kumar Tyagi (PW 4), the Investigating Officer of the case.