GURUMUKH SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) On the basis of recovery memo dated 13.05.1999, whereby 400 gms. of Charas was found from the possession of the accused-appellant, a chik FIR was lodged against the accused-appellant on 14.05.1999, at police station, Ranikhat in respect of offence punishable under Section 18 / 20 Narcotic Drugs and Psychotropic Substances Act, 1985 (for short N.D.P.S. Act), Section 60/72 Excise Act and Sections 3 / 181 / 39 / 66 / 192 / 206 Motor Vehicles Act. The incident allegedly took place on 13.05.1999, at 08:35 P.M. The distance between the place of incident and the police station concerned was 3 kilometers and, hence there appears to be no delay in lodging the FIR.

(2.) Prosecution story, in brief, is that on 13.05.1999, when J.C. Pathak, S.O., P.S. Ranikhet alongwith Head Constable Laxman Singh and other police personnel were on patrol duty, an informer gave information to the S.O. that a Canter (small truck) bearing registration no. UP 01 / 2576 carrying illicit country made liquor is coming from Haldwani. Believing on the said information, S.O. tried to find out witnesses from public, but no one was available at that point of time. Police party waited for the said truck. At 08:35 P.M., said Canter was seen approaching. Police party asked the driver of the Canter to stop the vehicle. One of the accused (present appellant) was apprehended at 08:35 P.M. while the other succeeded in making his escape good. Apprehended person disclosed his name as Gurumukh Singh. He was given option of being searched before a Gazetted Officer or a Magistrate, but he gave his consent to be searched by the police personnel. On making search, 400 gms. of Charas, kept in a newspaper and wrapped in big polythene, which the accused was holding in his hand, was recovered. 73 plastic bags containing illicit country made liquor were also found from the Canter. The recovered Charas was sealed and the liquor was also taken in possession by the police. A joint recovery memo thereof was prepared by the S.O. It was signed by Constable witness, a copy was given to the accused. Reason for arrest was disclosed to the accused and he was taken into custody. On the basis of recovery memo (Ext. Ka-2), case crime no. 159 of 1999 was registered under Section 18 / 20 N.D.P.S. Act; one another case crime no. 158 / 1999 was registered under Section 60 / 72 Excise Act and yet another case crime no. 160 of 1999 under Sections 3 / 181 / 39 / 66 / 192 / 206 Motor Vehicles Act was registered against the accused. Investigation of the case was entrusted to Rakesh Chandra Thapliyal, S.O., Someshwar, who visited the site; prepared site plan (Ext. Ka-4); sent the sample of recovered Charas for chemical examination, report of which is Ext. Ka-5; recorded the statements of the witnesses and after completion of investigation, submitted charge sheet (Ext. Ka-6) against the accusedappellant under Section 18 / 20 N.D.P.S. Act. Separate charge sheets might have been submitted against the accused in respect of offences punishable under Excise Act and Motor Vehicles Act.

(3.) When the trial began and prosecution opened it's case, charge for the offence punishable under Section 20(b) read with Section 22 of N.D.P.S. Act was framed against the accused, who pleaded not guilty and claimed trial.