NAZAR SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) SINCE both the appeals have arisen out of the common judgment and order dated 19 -12 -2003 passed by the learned Additional Sessions Judge/ll F.T.C., Udham Singh Nagar in ST. No. 86 of 2003 & 87 of 2003, therefore, both the appeals are being disposed of together by this common judgment. These appeals have been preferred by the accused/ Appellants against the aforementioned judgment and order whereby the accused / Appellants have been convicted and sentenced to undergo rigorous imprisonment for ten years under Section 20 of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred as Act, 1985) and a fine of Rs. 1,00,000/ -. In default of payment of fine, the accused/Appellants would further undergo one year R.I.

(2.) BRIEF facts as emerged from the record are that on 21 -06 -2003, S.S.I. D.L. Verma alongwith S.I. R.A. Singh and other police officials were in search of the accused involved in Case Crime No. 128/02 under Section 395/397 I.P.C. and Case Crime No. 263/02 under Section 396/120 -B I.P.C. When the police patrolling party reached at Chikhaghat Bridge, they saw that two persons were coming from the side of Sisaikhera having bags in their hands. When they saw the police party, they started to run back. The police party had reason to believe on seeing them in suspicious condition. The police apprehended them at about 9:15 a.m. on 21/06/2003 near the Chikhaghat Bridge. When they were interrogated as to why they were running after seeing the police party, both of them stated that they are having the charas in their possession. They were informed about their right of being searched before the Magistrate or the Gazetted Officer. The accused/Appellants stated S.S.I. D.L. Verma that their search need not be made in presence of any Magistrate or Gazetted officer and the police patrolling party could very well make their search. When the search of the bag of the accused/Appellant Kernail Singh was made 3 kgs. Charas was found in his bag whereas from the bag of the accused/Appellant Nazar Singh 3 kgs. charas was found. The accused/Appellants could not show any licence to the police party for keeping the said contraband. A sample of 200 grams of charas from each recovered articles was taken by the police for being sent it to Chemical Examiner, Agra. The rest of the chatas so recovered from the possession of the accused/Appellants was sealed at the spot and recovery memo thereof was prepared at the spot. The accused/Appellants were apprehended and thereafter they were taken to the police station and case was registered against them. The recovered article for the accused/Appellants was given to the Moharir of the police station. The information of the arrest of the accused/Appellants was sent to the higher officials. The matter was investigated by the Investigating Officer and separate chargesheets were submitted to that effect against the accused/Appellants.

(3.) THE prosecution in support of its case examined as many as four witnesses. D.L. Verma PW1 is the S.S.I, posted at police station Sitarganj, Udham Singh Nagar. On the date of the arrest of the accused/Appellants, he alongwith other police officials was in search of the accused persons in case Crime No. 128 of 2002 its 395/397 I.P.C. R.A. Singh PW2 is the witness of arrest and seizer. S.I. M.P. Singh PW3 is the Investigating Officer of this use. Constable Santram Singh PW4 is the formal witness.