LOK PAL SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 3.10.2008 rendered by learned Special Sessions Judge, Bageshwar in Special S.T. No. 22/2007, titled as State Vs. Lokpal Singh. By the said judgment, the court below found the appellant guilty for the offence of Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter will be called as the Act). The learned Judge has imposed the sentence of ten years' R.I. in addition to Rs. 1.00 lakh of fine upon the convict, and in default of the payment of fine, he was sentenced to undergo two and half years' additional simple imprisonment.

(2.) HEARD learned counsel for the parties and perused the entire material available on record.

(3.) BEFORE conducting the search, all the police witnesses took search of each other in presence of the accused, nay he was also extended liberty to search the person of the police officials and this aspect was also recorded in a memo Ex.Ka -2, on record. Prima facie, the recovered contraband was identified as CHARAS, the memo of identification by the police personnel is Ex.Ka -3 and the memo of preparation of samples is Ex.Ka -4. Memo of rest of contraband article, weighing one kilogram, is Ex.Ka -5. Memo of arrest was also prepared which is Ex.Ka -7, whereupon the accused Lokpal Singh also signed. After apprehending the accused, he was brought to the police station and the FIR was lodged in the intervening night of 1/2.7.2007 at 1:15 AM at police station Bageshwar, which is Ex.Ka -9. Entry of G.D. has been produced which is Ex.Ka -10.