JAYAS Vs. STATE

JUDGEMENT

(1.) THIS is a criminal jail appeal against the judgement and order dated 18 -5 -2002 passed by Sri V.K. Maheshwari, the then Additional Sessions Judge, Nainital in S.T. No. 8/1998, whereby the Addl. Sessions Judge has convicted the appellant and sentenced him to undergo RI for ten years under section 20 N.D.P.S. Act and to pay a fine of Rs. 1,00,000/ -. In default of payment, the appellant to undergo two years imprisonment.

(2.) THE case of the prosecution, in brief, are that on 11.8.1997 at about 12:40 Sub -Inspector Sitaram Verma along with police personnel was on patrol duty near the Jhankaiya Sharda Bridge. Meanwhile the Circle Officer, Rudrapratap Singh also reached there. The police party saw that the appellant was waiting near the Shiv Mandir for bus to go to Khatima. The police party apprehended the appellant. They started the search of the appellant and the appellant had a plastic bag in his hand and on search 500GM contrilband material (Charas) was recovered from the plastic bag of the appellant. Then the police party prepared the recovery memo Ex.ka.1. On the basis of recovery, check FIR (Ex.ka.2) was lodged at the police station Khatima. The contraband material (Charas) was sent for chemical examination and on receipt of its report (Ex.ka4) found that it was Charas. The investigation was taken up as usual which culminated into the submission of the charge sheet.

(3.) CHARGE under section 20 of the N.D.P.S. Act was framed against the appellant. The appellant denied the charge and claimed the trial.