SADDA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Pw1 S.I. Yogendra Singh set the criminal law into motion by lodging F.I.R. against accused-appellant on 2.12.97 at 8:15 P.M. in P.S. Vikasnagar, District Dehradun, which was registered as case crime no. 508/97 under Sections 8/18/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 228 grams of opium was found from the possession of the accused-appellant on 2.12.97 at 5.30 P.M. The distance between the place of incident and P.S. concerned was 04 kms. Hence, there appears to be no delay in lodging F.I.R.

(2.) After the investigation, a charge sheet was submitted against the accused. Before that, a report was obtained from Forensic Science Laboratory (FSL), Agra, who affirmed the presence of opium in the representative sample. When the trial began and prosecution opened its case, charge for the offence punishable under Section 8/18 N.D.P.S. Act, 1895 was framed against the accused, who pleaded not guilty to the charge and claimed trial. PW1 S.I. Yogendra Singh, PW2 Constable Jagdev Singh, PW3 Constable Prem Singh, PW4 S.I. Zakir Hussain, PW5 Sri O.P. Taneja, Joint Director, FSL Agra, PW6 H.C. Gajraj Singh and PW7 Surendra Singh Bisht S.O. were examined on behalf of the prosecution. Incriminating evidence was put to the accused appellant, who said that the prosecution evidence was false and he was falsely implicated in the case. No evidence was given in defence. After considering the evidence on record, accused was found guilty of the offence punishable under Section 8/18 of the N.D.P.S. Act, and was sentenced appropriately, vide impugned judgment and order dated 17.7.2001, passed by learned Sessions Judge, Dehradun. Aggrieved against the impugned judgment and order, present criminal appeal was preferred.

(3.) Pw1 S.I. Yogendra Singh, in his examination in-chief, said that he was on patrol duty alongwith other police personnel, namely Head Constable Ranbir Singh, Constable Lokendra and Constable Prem Singh on 2.12.97. At about 4.30 P.M., when they reached near bridge no. 2 of Shakti Canal, one person was seen coming from the side of Dakpathar. That person tried to move fast after looking at the police party. Suspecting some foul, the police officials apprehended him at about 5.30 P.M., 20 steps ahead of bridge no. 2. After taking search of each other as per rules, a memo was prepared. The accused was interrogated, who disclosed his name as Sadda, son of Asgar. On being searched, 228 gms of opium was recovered from his possession, which was sealed on the spot according to rules and the accused was taken in police custody, a memo of arrest and recovery memo was prepared and the accused was brought at police station alongwith the recovered contraband. The F.I.R. was lodged against the accused under Sections 8/18/20 of the N.D.P.S. Act and the recovered contraband was deposited at the police Station.