RAM SWAROOP Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This appeal, preferred by convict Ram Swaroop, challenges the judgment and order of conviction dated 13/14.08.2001 rendered by learned Additional Sessions Judge/IV FTC, Dehradun in Special Sessions Trial No.10 of 1998, State Vs. Ram Swaroop, whereby he was found guilty under Sections 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter will be called as the Act) for having 300 grams of cannabis (CHARAS) and was sentenced to undergo ten years' R.I. with fine of Rs.1.00 lakh, in default of which he was directed to undergo further two and half years' imprisonment.

(2.) The accused was nabbed by the police party on 5.2.1998 at about 3:20 P.M. at Haridwar road within the territorial jurisdiction of P.S. Doiwala, District Dehradun. The police became suspicious over his walking. Noticing the police, he turned back with fast paces to strengthen the apprehension of the police, so, he was thus caught by them. He disclosed to have cannabis with him. Hearing this, he was offered an opportunity to be searched either before a Gazetted Officer or a Magistrate but the accused shown his belief over the Police itself so he waived his right to be taken before a Magistrate. Meanwhile, Circle Officer, Rishikesh arrived at the spot on his jeep within two minutes and accordingly, the accused was searched in front of the said C.O. On being searched, about 300 grams of cannabis was recovered from him. Thus, he was brought arrested at the police station where the FIR was lodged against him on the same day at 6:10 P.M.

(3.) Charge was levelled against the accused and at the culmination of trial, he was convicted and sentenced, as aforementioned.