GUMAN SINGH Vs. STATE

JUDGEMENT

(1.) BOTH the criminal jail appeals have been filed against the judgment and order dated 11.4.2002 passed by Sri V.B. Rai, the then Sessions Judge, Champawat in Special S.T. No.55/2001 and 56/2001, whereby the Sessions Judge has convicted the appellants and sentenced them to undergo RI for Len years and to pay fine of Rs. 1 lakh each under section 20 of the N.D.E.S. Act. In default or payment of fine, the appellant to undergo S.I. for rurther two and a half years.

(2.) THE case of the prosecution, in brief, are that on 20.5.2001 Om Prakash -Chowki Inspector alongwith police personnel was checking the" vehicles and suspected persons at Sharda Barrier at about 2:15pm. They saw the appellants coming from Banhasa Baraj. Nepal and they were asked"¢ to stop but they tried to escape. The police party intercepted the appellants and tried to conduct a search. The appellants were duly informed of their right of being searched before a Gazetted Officer or a Magistrate as required under section 50 of the Act but they declined that offer. On conducting search of the appellant Guman Singh 2kg Charas was recovered from his possession and 1 1/2 kg. Chard was also recovered from the possession or the appellant Meen Bahadur. The recovered Charas was scaled at the spot and prepared two separate recovery memus. On the basis of recovery, check FIR (Ex.ka.7) was lodged at the police station and entry to that effect was made in the G.D. (Ex.ka.8). The investigation was entrusted to C.S.Yadav -S.I. (PW -3), who prepared the site plan (Ex.ka.9) and the sample taken from the seized article was sent for chemical examination and on receipt of its report it was found that it was Charas. The investigation was taken up as usual which culminated into the submission of the charge -sheet.

(3.) THE charge under sections 18/20 of the N.D.P.S. Act was framed by the learned Sessions Judge against the appellant. The appellant denied the charges and claimed the trial.