LAWS(UTN)-2005-4-5

HARMAN CHRUST Vs. STATE

Decided On April 16, 2005
Harman Chrust Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) THIS is an appeal against the judgement and order dated 01 -05 -2002 passed by the Special Judge, Bageshwar, convicted the accused -appellant under section 20 (b) (i1) read with section 22 of Narcotic Drugs and Psychotropic Substances Act and sentencing him to undergo rigorous imprisonment for 12 years and to pay a fine of rupees two lacs and in default of payment of fine to further undergo simple imprisonment for six months.

(2.) BRIEFLY stated the facts giving rise to the present appeal are that on the basis of information received by the police from some informer, police conducted a raid in the house of Govind Singh in village Kapkote, District Bageshwar on 25 -10 -2001 at about 7.30.AM'. Mr. D.S. Negi, Deputy Superintendent, headed the Police party. Accused Harman Chrust was found present in the house. After making search of the room police recovered 6.800 Kg. Charas, which was kept in a raksin bag hanging on the wall. The Police took a sample of 200 gm. Charas for chemical analysis and remaining Charas was sealed in the bag. On personal search of the accused a sum of Rs. 14,800/and a passport was recovered. The Police tried to procure public witnesses but the public persons denied to be witness of the recovery. The police prepared recovery memo EX.ka -1 and information regarding the arrest of the accused was sent to the embassy of Germany. The accused along with the recovered material was brought to Police Station, Bageshwar, where F.I.R. EX.ka -7 was lodged and a case was registered in the G.D. at serial no. 15 on 25 -10 -2001 at 11.45 AM. The recovered Charas was sent to Malkhana through letter EX.ka -4. As the case was related to the Revenue Police Circle, therefore, the case was transferred to Tehsildar Kapkote who handed over the Investigation of the case to Naib Tehsildar, Kapkote through letter EX.Ka -10. The Investigation Officer visited the place of occurrence and prepared site plan Ex. Ka -S. He took statement of witnesses and after completing investigation submitted charge sheet Ex. Ka -6 against the accused.

(3.) TO prove its case, the prosecution examined P.W.1 Head Constable Jagdish Prasad, P.W. 2 Devendra Singh Negi, Dy. S.P. P.W.3 Uday Singh Rana, Tehsildar, P.WA Gopi Chandra Arya, Kanoongo, P.W.S Mohmmed Ali, Head Moharir and P.W.6 Khushal Ram, Patwari.