DEVENDRA SINGH MALIK Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Present Criminal Appeal has been filed against the judgment dtd. 15/12/2005, passed by learned Special Sessions Judge, Champawat in Special Sessions Trial No. 03 of 2003, 'State vs. Devendra Singh Malik', by which, the appellant Devendra Singh Malilk has been convicted and sentenced to undergo rigorous imprisonment for a period of ten years along with a fine of Rs.1,00,000.00 for the offence under Sec. 18 read with Sec. 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, 'Act, 1985').

(2.) Facts to the limited extent necessary, are that on 7/11/2003, Sub-Inspector K.P. Singh (PW1), Constable Ramesh Ram and Constable Mubarik Hassan Rizvi (PW3) were on patrolling duty. When they reached near the bridge, they saw the accused coming from Nepal. Seeing the police, he started going back. On suspicion, he was apprehended at 15:00 hrs. He was asked the reason for running away. He told that he had one kilogram Charas. On enquiry, he told his name and address. Sub-Inspector K.P. Singh told the accused that he has to be searched before a Magistrate or a Gazette Officer, so does he want to go to any of them for search. The accused said that he has full faith in him. He does not want to go to anyone. The accused asked him to search. His personal search was conducted. On search, Charas (Material Ext. 1) was recovered from his pajama he was wearing. On weighing, its weight was found to be one kilogram. He was arrested. In spite of an endeavour, no public witness could be secured. The recovered article was seized. The said recovered article was taken into possession vide recovery memo (Ext. Ka3). An FIR (Ext. Ka4) was lodged by Sub-Inspector K.P. Singh. Sample of recovered material was sent to Forensic Science Laboratory, Agra. On examination, the Chemical Examiner found the same to be 'Charas'. Charge-sheet was filed after completion of investigation.

(3.) Charge under Sec. 18 read with Sec. 20 of the Act, 1985 was framed. Appellant-accused pleaded not guilty and claimed to be tried.