HAYAT SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) PW1 S.O. Chandra Singh Bisht, police station, Kapkot set the criminal law into motion by lodging an FIR on 20.08.2007 against accused-appellant Hayat Singh, which was registered as case crime no. 167 of 2007, under Section 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as NDPS Act). After the investigation, a charge-sheet for the offence punishable under Section 8/20 of NDPS Act was submitted against the accused. When the trial commenced and prosecution opened it s case before Special Sessions Judge, Bageshwar, charge for the offence punishable under Section 8/20 of NDPS Act was submitted against the accused, to which he pleaded not guilty and claimed trial.

(2.) PW1 S.O. Chandra Singh Bisht, PW2 Head Constable Arjun Singh, PW3 Constable Sanjay Kumar, PW4 S.I. Arvind Kumar, PW5 Constable Nandan Singh Rawat and PW6 S.I. Pritam Singh were examined on behalf of the prosecution. Incriminating evidence was put to the accused under Section 313 of Cr.P.C., in reply to which he said that he was falsely implicated in the case. Accused also said that he was coming from Bharadi to Bageshwar in a taxi. A bag was kept in the taxi, which was illegally fastened on him. Accused was made to confess that the cannabis (charas) belonged to him. No evidence was given in defence. After considering the evidence on record, accused-appellant Hayat Singh was convicted of the offence punishable under Section 20 of NDPS Act. He was directed to undergo rigorous imprisonment for 10 years alongwith a fine of Rs. 1,00,000/-, in default of payment of which, the convict was required to undergo further simple imprisonment for 2 years, vide impugned judgment and order dated 06.10.2008. Aggrieved against the impugned judgment and order, present criminal jail appeal was preferred by the convict-appellant.

(3.) Prosecution led the evidence through PW1 Chandra Singh Bisht, Station Officer of police station Kapkot. PW1 said that on 20.08.2007, at 08:20 A.M., he alongwith other police personnel started patrolling duty.