KAMAL CHAND Vs. STATE

JUDGEMENT

(1.) PRESENT appeal has been filed against the judgement and order dated 169 -1996 passed by the 2nd Additional Sessions Judge, Haridwar, convicting the appellant Kamal Chand for an offence punishable under section 22 of Narcotic Drugs and Psychotropic Substances Act, and sentencing him to undergo rigorous imprisonment for twenty years and a fine of Rs. two lakhs and in default of payment of fine to further undergo rigorious imprisonment for three years.

(2.) BRIEFLY stated the fact giving rise to the present appeal are that on receiving information from an informer S.I. Rambali Saroj, Police Station G.R.P. Haridwar apprehended accused Kamal Chand along with co -accused Dinesh and Shitaia Prasad at the platform of Haridwar Railway Station and on their personal search recovered three Laddoo, 5 gm. Powder and a strip of 10 tablets Seripax from Kamal Chand, 2 Laddoo, 5 gm. Powder and one strip of 10 tablets of Seripax from Dinesh and 6 Biscuits 5 gm. Power and one strip of 10 tablets of Seripax from Shitala Prasad. All the accused persons have admitted that they administer narcotic drugs to the pilgrims for committing theft of their belongings. Prior to arrest the accused persons, police party tried to procure some public witnesses but the persons present at the platform denied to become witness. Accused persons also refused to be searched before a magistrate or a gazetted officer. The recovered materials were kept under sealed covers and recovery memo Ex.ka -1 was prepared. Recovered goods along with accused persons were admitted in the police station and F.I.R. Ex.ka -2 was lodged at Police station and separate cases were registered against the accused persons. The case crime number of the present accused was 10 of 1995.

(3.) THE Investigation of the case was entrusted to S.I. Rajberdhan Gaur and on his transfer the investigation was conducted by S.O. G.P. Sharma. He prepared site map of the place of recovery and sent the recovered articles for chemical examination. The report of chemical examination is Ex.ka -9. After completing the investigation the Investigating Officer has submitted 'Charge sheet Ex.ka -4.