SATPAL S/O PHOOL CHAND; OM PRAKASH S/O SANDHU RAM BOTH R/O VILLAGE PABNAVA Vs. STATE OF UTTARANCHAL (NOW STATE OF UTTARAKHAND)

JUDGEMENT

(1.) This appeal, preferred under section 374 of Code of Criminal Procedure, 1973, (for short Cr.P.C), is directed against the judgment and order dated 29.01.2001, passed by Special Judge/Sessions Judge, Tehri Garhwal, in Special Trial No. 06 of 1999, whereby said court has convicted the accused/appellants Satpal and Om Prakash under section 8/20 of Narcotic Drugs and Psychotropic Substances, 1985, (for short NDPS Act) and sentenced each one of them to rigorous imprisonment for a period of ten years and directed to pay fine of ' one lac.

(2.) Heard learned counsel for the parties, and perused the lower court record.

(3.) Prosecution story, in brief, is that on 27.08.1999, Sub Inspector Indra Jeet Singh Sandhu (PW4) alonwith Head Constable Satendra Pal Sharma (PW1) and constable Braham Singh (PW3) were on patrol duty near Police Station Muni-ki-Reti. A secret informer told that two persons were selling Cannabis (CHARAS) near match factory. On this information, the police team went towards said place and apprehended present accused/appellants Satpal and Om Prakash, who were found in possession of 100 grams and 150 grams respectively, of the contraband item (Cannabis) at 1.30 p.m. The search is said to have been made in the presence of Circle Officer K.C. Balodi (PW5) who came there on receiving the information. The recovery memo (Ex-A1) was prepared, and First Information Report was lodged at the Police Station Muni-ki-Reti. Crime No. 517 of 1999 was registered against the accused Satpal, and Crime No. 518 of 1999 was registered against the accused Om Prakash. Both the crimes were investigated by Station House Officer Vinod Chauhan, who submitted charge sheets (Ex-A5) and (Ex-A6) against the accused/appellants Satpal and Om Prakash for their trial in respect of offence punishable under section 8/20 of Narcotic Drugs and Psychotropic Substances, 1985.