HARIHAR RAM Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Present appeal is instituted against the judgment and order dated 21.3.2012 passed by the Special Judge, N.D.P.S., Dehradun, in Special Sessions Trial No. 30 of 2009, whereby the accused/appellant, who was charged with and tried for the offence under Sections 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter to be referred as 'the Act') was sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs.1,00,000/-, and in default of payment of fine, to undergo simple imprisonment for a period of one year, for the offence punishable under Sections 8/20 of the Act.

(2.) The case of the prosecution, in a nutshell, is that on 04.03.2009, SHO Anshu Chaudhary alongwith A.S.I, Laxman Singh and other police officials, went towards Chandrabhaga cremation ground. When the police party was 50 meters away from the cremation ground, they noticed a person coming towards them. He (accused) got perplexed after seeing the police vehicle coming there and tried to run away. He was nabbed carrying a polythene bag in his hand. The polythene bag was searched which contained 2.466 kilograms of CHARAS (Cannabis).

(3.) All the formalities, including the search, were completed on the spot. The case property was sent for examination to the Forensic Science Laboratory (FSL). Investigation was completed and Challan was put up before the Court after doing all the codal formalities. Accused was convicted and sentenced by the Special Judge, as noted hereinabove.