VIRENDRA GUPTA @ VINOD GUPTA Vs. STATE

JUDGEMENT

(1.) BOTH the criminal appeals are arising out of common judgment. Therefore, both these appeals are being disposed of by this common judgment. For the sake of convenience, I am mentioning the facts in criminal appeal no. 99 of 2004, Virendra Gupta v. State.

(2.) THIS criminal appeal arises out against the judgment and order dated 3.3.2004 passed by Special Judge/Sessions Judge, Almora in Sessions Trial Decided on: 31 -3 -2005 Sri EM.N. Singh, Advocate. Sri Nandan Arya, A.G.A. No. 7 of 2003 State Vs. Virendra Gupta @ Vinod Gupta convicting the accused/appellant under Section 8/20 of N.D.P.S. Act and sentencing him to undergo 5 years rigorous imprisonment and a fine of Rs. 25,000/ - and in default of payment of fine, two years further rigorous imprisonment.

(3.) BRIEF facts of the prosecution case are that on 26.8.2003, Sri Ganga Singh -S.O. Police Station Dwarahat along with other police party in a jeep was on patrol duty. Constable Kalyan Ram and Constable Bir Singh also accompanied them when they reached near tri -junction of Suraikhet at about 2:30 p.m. while returning to Dwarahat, they saw two persons coming from the side of Suraikhet towards tri -junction. Both the persons were having one plastic bag in their hand. On being enquired, both the persons disclosed that their plastic bags were full of Ganja. S.O. tried to engage some public witnesses but none was available there as the place was surrounded by jungle. Therefore, Ganga Singh -S.O. and police personnel took search of each other and then the bag carried by the accused Dhirendra Gupta was searched and about 20 Kgs of Ganga was recovered from the said plastic bag and Rs. SOD/were also recovered from the pocket of the accused. Dhirendra Gupta. Thereafter, plastic hag of Virendra Gupta was searched and about 20 Kgs Ganja was also recovered from the bag and Rs. 300/ - were -recovered from the pocket of the accused -Virendra Gupta. The offence of the accused was disclosed to them and they were taken into custody. Arrest Memo Ext. Ka. 1 was prepared. Samples were taken out from each of the bags for chemical examination and both the bags were sealed separately on the spot. Recovery Memo Ext. Ka.2 was prepared by the S.O. and signatures of the accompanying constables were obtained. On the basis of the Fard. Recovery Memo case crime No. 41 of 2003 and case crime No. 42 of 2003 under Section 8/20 of the N.D.P.S. Act was registered against the accused persons.