JANAK CHAULANE Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) IN the present appeal filed by the appellant against the judgment and order dated 07.11.2008 passed by Special Sessions Judge, Champawat in Special Session Trial No. 01 of 2007 is being assailed whereby learned trial court has held the appellant guilty for the offence punishable under Section 8/20 of N.D.P.S. Act and order dated 11.11.2008 whereby appellant was sentenced to undergo ten years R.I. and to pay fine of Rs. 1,00,000/ -, failing which to undergo additional imprisonment of two years for an offence punishable under Section 8/20 of N.D.P.S. Act. Brief facts of the present case inter alia are that on 12.10.2006, Vinod Kumar Pant (P.W. 1) along with Constable Jai Veer Singh (P.W. 2), Constable Ganesh Singh, Constable Mahinder Giri, Constable Deshraj was on patrolling duty in a police gypsy; at about 09:30 p.m. P.W. 1 and his associates could see the appellant walking on the KACHA road towards the canal gate; having seen the police party, appellant started behaving abnormally; on this police personals asked him to stop; appellant started running and on being chased, appellant was apprehended; due to night, there was no movement on the road, therefore, no public witness was available; appellant was asked as to why he was behaving abnormally and as to why he has started running; appellant started apologizing and has told the police personals that he was carrying CCHARAS and his name is Janak Chaulane S/o. Gotha Chaulane R/o. Ward No. 8 Tilachor, Thana Gadda Chauki, Nagarpalika Canchanpur, Tehsil Mahendra Nagar, District Kanchanpur; On this Vinod Kumar Pant (P.W. 1) S.S.I., told the appellant that Magistrate is available in the Tanakpur, therefore, if he wish, his search could be made in the presence of the Magistrate or the Gazetted Officer. On this appellant told the police personals that he had complete faith on the police party, therefore, he could be searched by the police party; after making consent note, search was made on the person of the appellant; on search, two plastic bags were recovered from his pocket wherefrom about 1.500 kg of CHARAS -was recovered; appellant was formally arrested after telling him that he has committed an offence punishable under Section 8/18/20 of N.D.P.A. Act. CHARAS, so recovered, was kept in the seal cover under the seal and signature of Vinod Kumar Pant (P.W. 1) and sample seal was also prepared; seizure memo and arrest memo were also prepared on the spot. Thereafter appellant and CCHARAS so recovered was brought to Thana and chick F.I.R. was lodged. Investigation was handed over to Chandan Giri (P.W. 6). Chandan Giri (P.W. 6) having investigated the matter submitted the chargesheet against the appellant.

(2.) DURING the trial S.S.I. Vinod Kumar Pant (P.W. 1), Constable Jai Veer Singh (P.W. 2), Constable Hemand Kumar (P.W. 3), Constable C.P. Prakash Ram (P.W. 4), H.C.P. Bhoopal Singh (P.W. 5), S.H.O. Chandan Giri (P.W. 6) were examined. Statement of the appellant was also recorded under Section 313 of Cr.P.C. in the statement recorded under Section 313 of Cr.P.C. appellant has stated that he had quarrel with Constable Jai Veer Singh (P.W. 2) about four days before the arrest, therefore, he was falsely implicated and arrested on 10.12.2006.

(3.) THE Hon'ble Apex Court in State of Delhi v. Ram Avtar @ Rama reported in : (2011) 12 SCC 207 in paragraph Nos. 26, 27, 28 and 30 has held as under: - -