VIJAY Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The above two criminal jail appeals of the appellants arise out of the judgment dated 28.02.2014 passed by the Special Judge, N.D.P.S. Act, Haridwar in Special Sessions Trial No. 18 of 2011, whereby the accused appellants have been convicted for the offence under Section 8/20 (b) (ii) (C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (from hereinafter referred to as the "NDPS Act") and sentenced both the appellants to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs.1, 00, 000/- (Rupees One Lakh Only) each and six months further imprisonment in case of default in payment of fine.

(2.) As per the first information report, the incident is of 09.07.2011 when Sub-Inspector Sri Rajesh Verma and Constable Sri Ved Prakash were on duty near Ramdev Puliya, Haridwar. The informant passed on an information to them that in Haridwar two persons are standing at "Ramdev Poliya" who were carrying four bags full of "cannabis". On receiving this information, the police party reached the spot. The appellants were apprehended and they were questioned about the contents of the bags. Both the accused confessed that the bags are full of cannabis. The first information report further states that once it was known to the police party that it is now a case under the NDPS Act, both the appellants were informed that in case they want their personal search to be conducted before a Magistrate or a Gazetted Officer, then the Magistrate or the Gazetted Officer can be called on the spot. On this, both the appellants said that they are already embarrassed and they may be searched by the police party itself.

(3.) Thereafter, the materials which were recovered from the appellants in four bags were weighed and the contents which were there in the four bags were 15Kg, 11Kg, 10Kg 500gm and 14Kg 300 gm respectively of "ganja leaves". The two appellants before this Court failed to show any licence for carrying the said materials. The appellants were apprehended and their bags were sealed and samples were sent for examination. Thereafter, the police filed the charge-sheet against the appellants. Consequently, charges were framed against the accused appellants by the Trial Court on 01.10.2011. In order to prove its case the prosecution examined as many as seven witnesses. Subsequently accused appellants were convicted by the trial court under Section 8/20 (b) (ii) (C) of the NDPS Act vide judgment and order dated 28.02.2014. Hence, the present appeals before this Court. Both the appellants are presently in jail.