RAMESH NATH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Pw1 Yashpal Singh Rana lodged an FIR on 29.11.2005, at 06:10 P.M., in police station Kotwali, Champawat against accused-appellant Ramesh Nath and others in respect of offence punishable under Section 18/20 of Narcotic Drugs and Psychotropic Substances Act, 1985. Although cases under different crime numbers were registered against other accused persons, whose names are mentioned in the column indicating accused persons in the FIR, but since the criminal appeal is filed only on behalf of Ramesh Nath, therefore, this Court would be dealing only with the case of accused-appellant Ramesh Nath. After the investigation of the case, a charge-sheet under Section 18/20 of NDPS Act was filed against the accusedappellant. Charge under Section 8/20 of NDPS Act was framed against the accused by learned Special Sessions Judge, Champawat. Accused pleaded not guilty to the charge and claimed trial. PW1 Yashpal Singh Rana, PW2 Constable Keshav Ram, PW3 Lance Naik Bhupendra Singh, PW4 Head Moharir Gopal Ram, PW5 S.I. Harish Chandra Joshi and PW6 Constable Rajendra Singh were examined on behalf of the prosecution. Incriminating evidence under Section 313 of Cr.P.C. was put to the accused, in which he said that he was falsely implicated in the case. After considering the evidence on record, accused was convicted under Section 8/20(ii)(C) of NDPS Act and was sentenced to undergo rigorous imprisonment for ten years alongwith a fine of Rs. 1,00,000/-, vide impugned judgment and order dated 25.04.2008. Aggrieved against said judgment and order, present criminal appeal was preferred.

(2.) Charas was allegedly recovered from the possession of the accused-appellant on 29.11.2005, at 01:15 P.M. and the FIR was lodged on the selfsame day at 06:10 P.M. The distance between the place of recovery and the police station concerned was 32 kilometers. There appears to be no delay in lodging the FIR.

(3.) Pw1 Yashpal Singh Rana, Asstt. Commandant, S.S.B., supported the prosecution story.