(1.) On the basis of recovery of 200 gms of poppy straw and illicit liquor, recovery memo (Ext. Ka-4) was prepared on the instructions of PW 2 R.P.Singh, SO, Ukhimath. According to the recovery memo dated 28.03.2002, the police personnel received information through an informer, at 11:15 am, that an unnumbered car was going from Sukari to Godhikhal, in which a few women were also sitting. The informer informed that they were involved in transportation of illicit liquor. Police personnel tried to contact some public witnesses, but they (public witnesses) were not ready to be the witness to recovery of illicit liquor. Police personnel took the search of each other to ensure that they were not having any incriminating article in their possession. A Ceilo car, without registration number, came and was stopped by the police personnel. A few women were sitting on the rear seat of the car. The driver of the vehicle informed the police personnel that he was having poppy straw, which he has kept for his own use.
(2.) PW 2 directed subordinate police personnel to contact any gazetted officer or a Magistrate, but the driver of the vehicle stated that he has full confidence in police personnel and, therefore, they were at liberty to search him.
(3.) After the investigation of the case, a charge-sheet was submitted against the accused-appellant for the offence punishable under Sections 18/20 of N.D.P.S. Act. When the trial began and prosecution opened its case, charge for the offence punishable under Section 18/20 of the N.D.P.S. Act was framed against the accused-appellant, to which he pleaded not guilty and claimed trial. PW 1 Cons. Arjun Singh, PW 2 R.P.Singh, PW 3 Cons. Ranjeet Singh and PW 4 Vishram Singh (I.O.) were examined on behalf of the prosecution. Incriminating evidence was put to the accusedappellant in the statement under Section 313 Cr.P.C., in reply to which he said that he was falsely implicated in the case. After considering the evidence on record, learned Trial Court (Sessions Judge, Rudraprayag) found the appellant guilty of the offence punishable under Section 18/27 of the N.D.P.S. Act and sentenced him to undergo rigorous imprisonment for six months along with a fine of Rs. 5000/-, in default of payment of fine, he was required to undergo three months' additional rigorous imprisonment, vide judgment and order dated 28.05.2003. Aggrieved against the said judgment and order, present Criminal Appeal was preferred by the convict-appellant.