DEVRAJ GOYAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) All the three appeals are directed against the judgment and order dated 08.11.2012 passed by Special Sessions Judge, Champawat in Special Sessions Trial No. 13 of 2011 and Special Sessions Trial No. 14 of 2011 whereby both the appellants were found guilty for the offence punishable under Section 8/20 of the NDPS Act and both were sentenced to undergo rigorous imprisonment for 10 years and to pay fine of Rs. 2,00,000/- each and in default of making payment of fine, to undergo additional imprisonment of 2 years.

(2.) Appellant Wajeer Singh Malik has filed one appeal through Mr. Vipul Sharma, Advocate and another through Jail Authorities. Since all the appeals are interconnected and are against the same and common judgment, therefore, all the appeals are being taken up together and are being disposed of by this common judgment with the consent of learned counsel for both the parties.

(3.) Brief facts of the present case, inter alia, are that PW1 U.R. Arya along with PW2 Sub Inspector Prakash Ram Vishwakarma, Sub Inspector Khushal Singh, Head Constable Pramod Singh, Constable Deepak Kapri left the police station in Government Vehicle bearing no. UA 03 4747 being driven by Driver Inder Singh vide report no. 21 at about 12.20 p.m. for vehicle checking; when police party was checking the vehicles at Laluwapani Tiraha, meanwhile, Constable Anees Ahmad, Constable Mahendra Giri, Constable Deepak Khanka, Constable Dileep Kumar of SOG team reached, Laluwapani Tiraha at about 02.00 p.m. and told the police party headed by PW1 U.R. Arya that they had secret information that a car bearing no. HR 56 6013 was coming from the side of Khetikhan and as per secret information received, charas was being carried in that car; having received this information from SOG team, PW1 U.R. Arya requested members of public to become independent witness, however, none of them agreed to become independent witness, consequently, PW1 along with other members of police party and members of SOG team reached to Punawey Tiraha wherefrom one road was going towards Sikti; Government vehicle was parked on the road going towards Sikti and police personnel started waiting for suspected car; after some time, car bearing no. HR 56 6013 was seen coming from of village Nariyal; car was signalled to stop and car was stopped near Punawey Tiraha; police personnel surrounded the car from every side and found one person was driving the car while another was sitting on the rear seat of the car; occupiers of the car were told by the police that they had reliable secret information that they were carrying charas, therefore, if they wish, they could be searched in presence of a Gazetted Officer or a Magistrate; on this, occupiers of the car desired to be searched in presence of a Magistrate; Mr. Anurag Arya, Tehsildar, Champawat was informed on his mobile phone bearing no. 9411423317 and was requested to come on the spot; after some time, Mr. Anurag Arya came on the spot in his Government Vehicle; entire incident was narrated to him; thereafter, both the occupiers of the car were asked to disclose their identity; person who was driving the car, disclosed his name as Wajeer Singh Malik, son of Sardara Singh, resident of Lalit Khera, Police Station Jind Sadar, District Jind (Haryana); on search, one plastic bag was found kept under the front seat adjacent to driver seat; bag was taken out and found containing charas; on his personal search, Rs. 1650 in cash, was recovered from Wajeer Singh Malik; person sitting on the rear seat of car disclosed his name as Devraj Goyal, son of Chatur Goyal, resident of village Garhwal, police station Baroda, District Sonipat; one bag was found between the legs of Devraj Goyal and from that bag also, charas was recovered; on his personal search, one Nokia Mobile and Rs. 3630 were recovered; from the bag recovered from the front seat, 10 kg of charas was recovered whereas from the bag recovered from rear seat, 11.800 kg of charas was recovered; charas, so recovered, were kept in different seal covers under the seals and signatures of PW1; thereafter, both the appellants and contraband, so recovered brought to the police station and check FIR was registered on 01.08.2011 at 06.50 p.m.