BHAWANI DUTT Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) PW1 S.I. Mahesh Chandra Srivastava of police station Ramnagar lodged an FIR against the accused (in the name of Ramesh Chandra, which name was subsequently found to be fake) on 24.03.1999, at 02:45 A.M., in police station Ramnagar, in connection with offence punishable under Section 18/20 of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as NDPS Act). After the investigation, a charge-sheet was submitted against the accused in respect of selfsame offence. Eight kilogram of ganja was found to be in possession of accused.

(2.) PW1 S.I. Mahesh Chandra Srivastava, PW2 Constable Rajpal Singh and PW3 S.I. Shiv Singh Gusain (I.O.) were examined on behalf of the prosecution. Incriminating evidence was put to the accused under Section 313 of Cr.P.C., in reply to which he said that he was falsely implicated in the case. No evidence was given in defence. After considering the evidence on record, learned Addl. Sessions Judge / I F.T.C., Nainital, vide impugned judgment and order dated 28.10.2002, convicted the accused for the offence punishable under Section 20 of NDPS Act. He was directed to undergo rigorous imprisonment for two years alongwith a fine of Rs. 10,000/-, in default of payment of which, he was required to undergo six months' further imprisonment. Aggrieved against the impugned judgment and order dated 28.10.2002, present criminal appeal was preferred.

(3.) PW1 S.I. Mahesh Chandra Srivastava, in his examination-in-chief, said that he, alongwith other police personnel, proceeded for patrolling duty on 24.03.1999, at 00:10 hours. PW1 alongwith others reached at Ranikhet road where they found two persons standing near an English Wine Shop. PW1 became suspicious. PW1 apprehended them at 00:45 hours.