KARAN SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Present appeal is directed against the judgment and order dated 06.06.2003, passed by Special Judge [N.D.P.S. Act], Pithoragarh, in Special Session Trial No. 2 of 2001, whereby appellant was held guilty for the offence punishable under Section 20/22 of the N.D.P.S. Act and was sentenced to undergo rigorous imprisonment for a period of 10 years and to pay fine of Rs.1 lac and in default of making payment of fine, to undergo additional R.I. for a period of one year.

(2.) Brief facts of the present case, inter alia, are that PW2 Rajendra Lal Arya, the then S.H.O. Police Station Dharchula, District Pithoragarh was present in the Thana on 04.07.2001; a secret information was passed on to PW2 Rajendra Lal Arya, S.H.O. that accused was having about 1/2 kg. charas in his shop; whereupon, police party under the command of PW2 Rajendra Lal Arya, left Thana for shop of the accused / appellant; after reaching the shop of the appellant, appellant was told by PW2 Rajendra Lal Arya that he had received secret solid information that appellant was having charas in a rice bag kept under his seat, therefore, if appellant wish, search could be made in the presence of Gazzetted Officer or Magistrate; appellant had shown his willingness to be searched in the presence of Gazzetted Officer, therefore, Constable Ishwar Dutt was sent to the Office of PW3 Shri Anil Krishna Vaidhya, Deputy S.P. / Circle Officer, Dharchula to come on the spot for the purpose of search; PW3 Anil Kumar Vaidhya reached on the spot and in his presence search was made and on the search 500 gram charas was found concealed in the rice bag kept in the shop of the appellant; seizure memo was prepared on the spot and copy thereof was handed over to the appellant and, thereafter, appellant was brought to the Thana and, thereafter, chick F.I.R. was got registered in Thana on 04.07.2001 at about 4:30 p.m.; investigation was handed over by PW3 Anil Krishna Vaidhya, Deputy S.P. to PW4 Mahfooz Ali, S.H.O. Berinag on 05.07.2001; PW4 S.I. Mahfooz Ali as well as PW5 Constable Naresh Kumar carried the contraband recovered from the possession of the appellant to the Court of S.D.M., Dharchula on 30.07.2001; with the permission of S.D.M., 100 gram sample was taken out from the contraband and was kept in another small container under the seal and signature of S.D.M., Dharchula; PW5 Constable Naresh Kumar was sent on 03.08.2001 alongwith sample so collected in the presence of S.D.M. to submit the sample to F.S.L., Agra; sample was handed over to F.S.L. Agra 0n 07.08.2001; after chemical examination, F.S.L., Agra has submitted report Ex.A-5 to the effect that sample was 90 gram which was found to be of charas; thereafter, chargesheet was submitted.

(3.) Learned Trial Court was pleased to frame charges against the appellant for the offence punishable under Section 20/22 of the N.D.P.S. Act. Appellant denied the charges and claimed trial.