RAJENDRA SINGH KHAMPA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This criminal appeal is preferred by the appellant under Sec. 374(2) of Cr.P.C. and is directed against the judgment and order dtd. 16/11/2006 passed by learned Sessions Judge, Pithoragarh in Special Sessions Trial No.11 of 2004, State Vs. Rajendra Singh Khampa, whereby the accused appellant has been convicted under Sec. 20 of N.D.P.S. Act, 1985 and was sentenced to undergo three years two months rigorous imprisonment with a fine of ?10,000/- with default stipulation of additional one month simple imprisonment.

(2.) In brief, the story of prosecution is that S.S.I. U.C. Pant lodged an FIR on 8/1/2004 at around 00:45 hours alleging therein that on 7/1/2004 around 23:30 hours when he was patrolling the city along with Constable Om Shankar and Shyam Kumar a person on seeing them, suspiciously tried to run. After getting caught, on inquiry, he told that he was in possession of charas, therefore he tried to run away. Thereafter, when the S.S.I. told him that he had a right to be searched in presence of a Magistrate or a Gazetted Officer, he replied that he did not wish to be searched in presence of aforesaid Officers and the Police team was free to search him. Thereafter, charas wrapped in a polythene bag was recovered from right pocket of his jacket worn. As the recovery happened at night no shops were open and no other witness other than the Police officials were present at the spot. Thereafter, Constable Om Shankar was sent to police station to inform higher officials and to bring a weighing machine. The charas was weighed 225 grams and two samples of 50-50 grams and one sample containing rest of the charas was prepared and a recovery memo was thereafter made.

(3.) On the basis of above after preparing site plan, recording statement of witnesses and sending the charas to F.S.L. Agra and receiving the F.S.L. Report a charge sheet was filed by the Investigating Officer in the court below under Sec. 18/20 of N.D.P.S., 1985.