LAXMAN DASS KAMBOJ Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) ONE S.I. Girish Kumar Kotiya lodged an FIR at police station Gadarpur, on 16.11.1999, at 4:30 PM, against the appellant and two others, which was registered as case crime No. 769/1999 under Section 8/17 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act). The incident allegedly took place on 16.11.1999 at 2:30 PM and the FIR was lodged on the selfsame day at 4:30 PM. The distance between the place of incident and the police station was 7 1/2 km. Hence, there appears to be no delay in lodging FIR. After investigation of the case, a charge -sheet was submitted against the accused -appellant for the offence punishable under Section 8/17 of the Act. When the trial began and prosecution opened it's case, charge against the accused was framed for the selfsame offence, to which he pleaded not guilty and claimed trial.

(2.) PW 1 S.I. Sudhir Kumar Tomar, PW2 Constable Lakmi Chand, PW3 Constable Rajesh Kumar, PW4 Constable Sohan Lal and PW5 S.I. J.S. Yadav were examined on behalf of the prosecution. Incriminating evidence was put to the accused under Section 313 Cr.P.C. in reply to which he said that he was falsely implicated in the case and the prosecution witnesses told a lie. No evidence was given in defence.

(3.) AFTER conclusion of the trial, learned Sessions Judge, District Udham Singh Nagar, vide judgment and order dated 13.05.2002, convicted the accused -appellant under Section 8/17 of the Act and sentenced him to undergo rigorous imprisonment for ten years alongwith a fine of Rs. 1 lakh. In default of payment of fine, the appellant was directed to undergo further imprisonment for 3 years. Aggrieved against the same, the present criminal appeal was preferred by the appellant.