HARPHOOL SINGH Vs. STATE

JUDGEMENT

(1.) THIS criminal appeal is directed against the judgement and order dated 27.2.2001 passed by Sessions Judge, Pauri Garhwal in Special Trial Nos. 10 and 11 of 1999, whereby the accused-appellant was con­victed under section 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as `Act') for being in illegal possession of 100 grams of Charas and two quintals of Ganja (Bhaang) at about 5.30 p.m. on 15.11.1998 near Bhushan Hotel, bus stand Kotdwara and sentenced him to undergo 10 (ten) years R.I. and to pay fine of Rs. one lac under the first count and 15 (fifteen) years R.I. and fine of Rs. one lac fifty thousands under the second count.

(2.) THE prosecution story in brief is that Sub-Inspector Y PS. Bhadoria and other police personnel were on law and order duty in the market of town of Kotdwara on 15.11.1998. He got an in­formation that accused-appellant who has in his possession illegal Charas and nine bundles of Ganja (Bhaang) had un­boarded a passenger bus at bus stand is waiting for another passenger bus for on­ward journey to Delhi. The Sub-Inspec­tor made efforts to procure public wit­nesses but none agreed. He, therefore, alongwith Sub-Inspector Sambhoo Dutt Sharma (PW.1) and constable Wahid Hassan (PW2) and others reached the pointed place. At about 5.30 p.m. the accused-appellant was arrested near Bhushan Hotel at the bus stand while he was sitting on the bundles kept there. On query he disclosed his name. Before tak­ing his search he c to be taken before these gazetted Officers for search. The bundles were found to contain about two quintals of Ganja (Bhaang). On personal search about 100 grams of Charas wrapped in a blue polethene was found in the pocket of his pant besides a sum of Rs. 70/- and a ticket from Kotdwara to Delhi.

(3.) SUB -Inspector YPS. Bhadoria then got prepared the memo of search, recov­ery and arrest of the accused-appellant in the hand writing of PW 1. The infor­mation of his arrest was sent on the Delhi address of the accused-appellant. The accused-appellant was then brought to the Police Station Kotdwara where at 7.00 p.m. the same day i.e. 15.11.1998 FI.R. was lodged on the basis of aforesaid memo (Ex.Ka-3). Check FI.R. (Ex.Ka.4) was then prepared and separate case crime Nos. 745/1998 and 746/1998 were registered in relation to the illegal posses­sion of both the varieties of contraband.