KAILASH CHANDRA Vs. STATE

JUDGEMENT

(1.) THE appellant Kailash Chandra was tried in S.T. No. 215 of 1988, State Versus Kailash Chandra, u/s 20 read with Section 8 of Narcotic Drugs And Psychotropic Substances Act, 1985 (for short, the Act), P.S. Mallital, District Nainital in the court of Special Judge/Additional Sessions Judge, Nainital on the allegation that the appellant was carrying with him 1/2 kg. of Charas at about 2:45 P.M. on 6.4.1988 at Thandi Sarak, near Summer House Mallital within the circle of Police Station Mallital, District Nainital and thereby committed an offence punishable under Section 20 read with Section 8 of Act. The appellant had pleaded not guilty and denied possession of the contraband.

(2.) IN order to prove its case, the prosecution had examined arresting officers S.I. V.P. Sharma and S.I. Arvind Singh Rawat besides a public witness Mohan Lal, who have supported the prosecution version. The prosecution had also examined Investigating Officer S.I. Anand Singh Kathait, who proved the steps taken towards the investigation of the case. The report of the chemical examiner was tendered in evidence as Ext.Ka.7. On chemical examination, the sample of the contraband recovered from the appellant was found to be the Charas.

(3.) THE defence version about false implication was disbelieved as an afterthought and the learned Addl. Sessions Judge, therefore, convicted the appellant under section 20 of the Act and sentenced him to undergo rigorous imprisonment for ten years and to pay a fine of Rs. One lac.