MEEN BAHADUR Vs. STATE OR UTTARANCHAL

JUDGEMENT

(1.) THIS is a criminal appeal preferred by appellant Meen Bahadur against the judgment and order dated 27.9.2001 passed by Sri R.C. Gautam, the then Addl. Sessions Judge/I FTC, Kashipur district Udham Singh Nagar by which he convicted the appellant u/s 20 Narcotic Drugs and Psychotropic Substance Act, 1985 (for the short 'NDPS Act') and sentenced him for 10 years rigorous imprisonment and a fine of Rs.One Lac. In default of payment of fine the appellant shall undergo four years imprisonment.

(2.) BRIEFLY stated the prosecution case is that on 20.9.2000 S.I. Om Prakash (PW -l) alongwith Constables Ombir Singh (PW -2), Riyasat Ali (PW4), Rohash Singh and Rajendra Si,ngh of border check post, P.S. Banbasa were on checking duty on the border. At 5.20 p.m. one person came in front of check post from Banbasa barrage Nepal carrying one bag of Rexene on his shoulder. He was stopped and was asked his name. He told his name Meen Bahadur. He told that he had Charas in his bag, which was being carried from Nepal and was to be brought to Delhi. On asking whether he wanted to be searched before a Gazetted Officer or a Magistrate the appellant stated that the search might be taken by the S.I. himself. In this connection consent letter (Ex.Ka.l) was written. The names and addresses from the coming and going persons were asked but none was prepared to give evidence and they showed their inability. On search a bundle of one kilogram and 700 grams of Charas was recovered out of which 50 grams Charas was taken as sample. The appellant could not show any license for the same. The recovered article was scaled in a bundle. Recovery memo (Ex.Ka3) was prepared and a copy was supplied to the appellant. The appellant and the recovered article were brought to the police station Banbasa where FIR. (Ex.Ka.3) was recorded on the same day at 9.35 p.m. and a case u/s 18/20 N.D.P.S. Act was registered against the appellant and an entry (Ex.Ka.4) was made in G.D. The Investigating Officer Sheeshu Pal Singh (PW3) prepared site plan (Ex.Ka.6) and after completing the formalities of investigation submitted charge sheet (Ex.Ka.7) against the appellant.

(3.) CHARGE was framed against the appellant U/s 20 N.D.P.S. Act to which he pleaded not guilty and claimed to he tried.