NAFEES Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) The appellant was tried in the Court of Special Judge, N.D.P.S. Act, Dehradun on an allegation that while he was standing in front of Arora Sweet Shop on Saharanpur road within the circle of P.S. Vikas Nagar, District Dehradun at about 10.50 p.m. on 26-10-2002, he was carrying with him 1 kg. 900 gms 'Charas' and thereby he had committed an offence punishable under S. 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'Act').

(2.) According to the prosecution the appellant was arrested by the police party consisting of S.H.O., P.S. Vikas Nagar Sri Lakshman Singh Bisht (P.W. 3), S.I. Naveen Chand Semwal (P.W. 1) and Constable driver Satvir Malik on the lead given by the police informer. The police party was then on patrol duty. The appellant on being apprehended told that he was possessed of the contraband. Tehsildar-Magistrate Sri Prabad Singh Butola (P.W. 2) was summoned at the scene of the arrest and search was made in his presence leading to recovery of the contraband viz. 'Charas' weighing 1 kg. 900 grams from the appellant. Two samples of 25 grams each were taken and these were properly sealed as was the case with the remaining seized 'Charas.' Memo of recovery and arrest (Ext. Ka. 1) was prepared at the spot and on its basis F.I.R. (Ext. Ka.8) was lodged at the police station the same day at 10.50 p.m. and a case was accordingly registered against the appellant. Investigation was entrusted to S.I. Khurseed Ahmad (P.W. 4) who on completion of the investigation submitted charge-sheet (Ext. Ka. 7) against the appellant. Chemical Examiner Report (Ext. Ka.12) confirmed that the contraband seized from the appellant was 'Charas.'

(3.) In order to prove its case the prosecution had examined the witnesses named above, besides the Constable. Keshva Nand (P.W. 5) who proved copy of the G.D. report No. 25 of 26-10-2002 relating to the deposit of the sealed bundles of the contraband and two sample containers. This witness gave evidence that the case property was kept intact and duly sealed and also that the sample packets of the contraband were sent duly sealed for chemical examination and were received back as such through Constable Samar Singh.