(1.) PW 1 Ganga Singh, Station Officer, police station, Someshwar (District Almora) lodged an FIR against the accused -appellant on 29.05.1999, at 09:05 P.M., at police station, Bageshwar, which was registered as case crime no. 186 of 1999, under Section 21 / 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act). The incident allegedly took place on 29.05.1999 itself, at 06:30 P.M. The distance between the place of incident and the police station concerned was 1.5 kms. and hence there appeared to be no delay in lodging the FIR. After the investigation of the case, a charge -sheet was submitted against the accused for the offence punishable under Section 21 / 22 of the Act. When the trial began before the Special Court, and prosecution opened it's case, charge for the selfsame offence was framed against the accused, to which he pleaded not guilty and claimed trial.
(2.) PW 1 S.O. Ganga Singh, PW2 S.I. Mahesh Lakhera, PW3 S.I. Harendra Singh and PW5 S.S.I. Thakur Singh Adhikari were examined on behalf of the prosecution. PW2 was again examined as PW4. Incriminating evidence was put to the accused under Section 313 of Cr.P.C., in reply to which he said that he was falsely implicated in the case. No evidence was adduced in defence. After considering the evidence on record, learned trial court, i.e. Special Sessions Judge, Bageshwar, vide judgment and order dated 18.11.2002, convicted accused Sher Singh under Section 20 (b) read with Section 22 of the Narcotics Drugs and Psychotropic Substances Act, 1985 and sentenced him to undergo rigorous imprisonment for 10 years alongwith a fine of Rs. 1,00,000/ -. Aggrieved against the convection and sentence, present criminal appeal was preferred by the appellant.
(3.) PROSECUTION led the evidence through PW1, who, in his examination -in -chief, supported prosecution story and also proved recovery memo (Ext. Ka -1), as also the contraband (Mat. Ext. 1).