MODH KHALID Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) A first information report was lodged against the accused persons by SO Buddhi Lal of PS Purola, on 17.11.1997, at 9:15 a.m., which was registered as case crime no. 33 of 1997 against the accused-appellant Suresh Pal Chauhan and Mohd Khalid, for the offence punishable under Section 8/20 of the Narcotic Drugs & Psychotropic Substances Act, 1985. After the investigation, the charge sheet for the selfsame offence was filed against the accusedappellant. The charge for the offence punishable under Section 20 (b) (ii) of NDPS Act was framed, to which he pleaded not guilty and claimed trial.

(2.) Pw 1 Buddhi Lal, PW 2 Kishor Kumar, PW 3 Constable Sant Ram and PW 4 S.S.Petwal, Station Officer, Deoprayag, District Tehri Garhwal were examined on behalf of the prosecution. Incriminating evidence was put to the accused-appellant under section 313 Cr.P.C., in which he said that he was falsely implicated in the case. No evidence was given in defence. After considering the evidence on record, accused appellant was held guilty of the offence punishable under Section 20 (b) (ii) of the NDPS Act and was sentenced to undergo rigorous imprisonment for ten years along with fine of Rs. 1,00,000/- vide judgment and order dated 29.09.2001. Aggrieved against the said Judgment and Order, present Criminal Appeal was preferred.

(3.) According to the prosecution story, on 17.11.1997 when SO Buddhi Lal of Police Station Purola was on patrol duty and went to Chandeli along with constables, at 6:20 a.m., they saw a bus coming from Purola. The Station Officer stopped the bus for the purpose of checking the passengers. Two persons were sitting behind the driver's seat and had covered themselves with loincloths. One of them introduced himself as Suresh Pal Chauhan, resident of district Saharanpur and other person told his name as Mohd. Khalid (present appellant), who too was a resident of district Saharanpur. They were having charas in their possession. The Station Officer asked them whether they would prefer to give their search in presence of gazetted officer Both the persons declined the offer and told that they had full faith in the police. Search of both the persons was taken before PW 2 Kishor Kumar. Charas about 01 kg. in weight was found from the possession of Mohd. Khalid (appellant) and about 600 gms. of charas was recovered from the possession of Suresh Pal Chauhan. The recovered charas was sealed, recovery memo whereof was prepared. Recovery memo was read over to the witnesses and accused. The signatures of witnesses were obtained on recovery memo. A copy of recovery memo was given to the accused persons (including the appellant) and they were arrested. Recovery memo (Ext. Ka-2) was prepared and chik FIR (Ext. Ka-1) was registered in the concerned police station. The same was entered in the G.D (Ext. Ka-3), a copy whereof was brought on record. The case was investigated into by PW 4 S. S. Petwal, who prepared site plan and after recording the evidence of the witnesses and the accused persons, submitted charge sheet (Ext. Ka-5) against accused-appellant Mohammad Khalid also. When the trial began and prosecution opened it's case, charge under Section 20 (b) (ii) of the NDPS Act was framed against the accused-appellant, who pleaded not guilty and claimed trial.