POORAN SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Present appeal is directed against the judgment and order dated 05.05.2012, passed by Special Sessions Judge [N.D.P.S. Act]/Additional Sessions Judge Nainital, District Nainital, in Special Session Trial No. 37 of 2011, whereby appellant was held guilty for the offence punishable under Section 20 of the N.D.P.S. Act and was sentenced to undergo rigorous imprisonment for a period of 10 years and to pay fine of Rs.1 lac and in default of making payment of fine, to undergo additional imprisonment of two years.

(2.) As per the prosecution story, PW1 S.I. Kailash Singh Negi alongwith Constable PW2 Harshvardhan Singh, PW3 Constable Prakash Chandra and Ramesh Rana left the Police post vide G.D.No. 7 for checking; when police party reached near Kawarath Bridge, Police personnel noticed appellant was standing on the side of the road with a bag; having seen the police party, appellant started running; he was asked to stop, however, he started rushing towards the river; on suspicion, he was chased and apprehended at about 9:15 a.m.; appellant was asked as to why he has started running after seeing the police party; on this, appellant disclosed that he was carrying charas in the bag to sell

(3.) The same in the Haldwani city; appellant was told about his right to be searched before the Gazetted officer or Magistrate; appellant told the police party that he did not want to be searched in the presence of Magistrate or Gazetted Officer; thereafter, bag was taken from the appellant and it was found that he was carrying 1 kg. and 120 gram charas; 50 gram charas was taken out as sample; contraband and sample so recovered were kept under the seal and signature of PW1 S.I. Kailash Singh Negi and sample seal was also got prepared on the spot and, thereafter, appellant, sample so drawn, sample seal and contraband so recovered were taken to the police post Koshyakutoli and chick F.I.R. was got registered.