BARU SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This criminal jail appeal is directed against the judgment and order dated 16.06.2017 passed by Special Judge, N.D.P.S. Act, Haridwar in Special Sessions Trial no.08 of 2012, whereby the accused/appellant Baru Singh has been convicted under Section 8/20 of Narcotics Drugs and Pyschotropic Substances Act, 1985 (for short, the N.D.P.S. Act) and has been sentenced to rigorous imprisonment for a period of ten years and fine of Rs. 1,00,000/-. It was also directed that in default of payment of fine, the accused will undergo further imprisonment for a period of three months.

(2.) Prosecution story, in brief, is that on 27.03.2012 P.W.1 Circle Officer J.R. Joshi lodged a report at P.S. Shyampur against the accused Baru Singh stating that he along with Constable A.P. Narayan Singh was on patrolling duty. While conducting patrolling duty, when he reached near Rasigad Canal Tiraha, Constable Virendra Singh and Constable Diwan Singh, who were posted at P.S. Shyampur, met him and told that the informant has given information that one person, who is involved in Charas smuggling, and is having illegal Charas with him, is going to Haridwar. Relying upon this information, he made telephonic call to P.W.2 Pankaj Gairola, Officer-in-charge of P.S. Shyampur and directed him to arrive at the spot alongwith police force, on which PW2 Pankaj Gairola along with police party reached at the spot. Thereafter, the police party and the informant conducted search of each other to ensure that no one is having Charas. Thereafter, the complainant got boarded the informant in the vehicle and headed towards Tatwala via canal track. When they reached near Tatwala Bridge then they saw a man coming from Tatwala, upon seeing whom the informant told that he is man who is having illegal Charas with him, and after saying this, the informant got down from the vehicle and the complainant along with the police party went forward whereupon the suspected person turned back. The police party got down from the vehicle and apprehended the accused, who was the history-sheeter of P.S. Shyampur. The complainant told the accused that he is a Circle Officer of the area and he has been informed that he (accused) is having illegal charas with him and that the complainant wants to take his search upon which the accused gave his consent for search. The complainant again enquired the name of the accused and made his search, upon which the accused disclosed his name as baru Singh R/o Village Tatwala. One white polythene was found in the hand of accused, which was opened wherein some black substance was found, which smelled like Charas. In order to take exact weight of the Charas, Constable Diwan Singh was sent to bring measuring scale, who came back after 20 min. When the recovered Charas was weighed, it came 1 kg100 gms. The accused failed to show license to carry the psychotropic substance. After being told to the accused that he has committed an offence punishable under Section 8/20 of N.D.P.S. Act, accused/appellant was arrested by the police party at 05:30 pm. From the recovered item, 100 gm was sealed separately for chemical examination at the spot and specimen of seal was prepared and the remaining 1 kg charas was sealed in the same while polythene. As the place of occurrence was a lonely place, therefore, public witness was not made available. Thereafter, the accused was brought to the police station and as per the instructions of accused, information regarding arrest of accused was given to Village Pradhan Devendra Singh on his mobile, a information memo whereof was prepared by the complainant. On the basis of recovery and arrest of the accused, First Information Report was lodged at Police Station Shyampur, District Haridwar, which was registered as case crime no. 15 of 2012 relating to offence punishable u/s 8/20 of the N.D.P.S. Act. Initially, the investigation of the case was handed over to PW5 Sub Inspector Shri Dharmendra Singh Rautela but subsequently it was transferred to PW6 Shri Ajay Singh, Circle Officer (City). During the course of investigation, the I.O. recorded the statements of the witnesses, visited the spot and prepared the site-plan and perused the report received from Forensic Science Laboratory. On completion of investigation, charge sheet was submitted against the accused under the aforesaid section.

(3.) On receipt of the charge sheet, Special Judge, N.D.P.S. Act, Haridwar, appears to have given necessary copies to the accused as required under section 207 Cr.P.C. and thereafter on 27.07.2012, framed the charge of offence punishable under Section 8/20 of N.D.P.S. Act against the accused. The charge was read over and explained to the accused, to which he pleaded not guilty and claimed to be tried.