DEVENDRA SHARMA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Present criminal jail appeal has been received by this Court through Superintendant, District Jail, Haridwar, sent by the convict-appellant Devendra Sharma, who was convicted by the court below under Section 8/20 of the Narcotic Drugs and Psychotropic Substances Act and sentenced to rigorous imprisonment for a period of ten years along with a fine of Rs. 1,00,000/-. In default of payment of fine, the convict was directed to further undergo two years' rigorous imprisonment.

(2.) Criminal law was set into motion at the instance of S.I. Dinesh Kumar, P.S. Dharasu, District Uttarkashi, who lodged a FIR against Devendra Sharma (present appellant) and Dungar Singh Mahra alias Rohit, for the offence punishable under Section 8/20 of Narcotic Drugs and Psychotropic Substances Act, alleging therein, that illegal charas measuring two kilogram was recovered from the possession of the accused.

(3.) Prosecution story, in brief, is that on 16.12.2013, complainant S.I. Dinesh Kumar, P.S. Dharasu along with other police personnel were deputed for vehicle checking at Nagun Forest Barrier. At about 07:30 A.M., two persons were spotted riding a black colour motorcycle, bearing no. UK 08 N / 5864. When the accused were asked to stop, they tried to escape, but were apprehended by the police personnel. The activities of the accused were found suspicious. On being enquired, both the accused told the complainant that they are in possession of charas, brought from Uttarkashi meant to be sold in Haridwar. When the police party asked for license to keep the contraband, accused persons could not produce the same. Both of them were offered to be searched by a Gazetted Officer, being their legal right. Both of them volunteered that the police party may search them. After obtaining their consent, personal search was taken. On being asked, the accused driving the motorcycle disclosed his name as Devendra Sharma (appellant herein) and other accused, who was pillion rider, disclosed his name as Dungar Singh Mahra alias Rohit. Chitranand Nautiyal and Rukum Singh, both forest employees, were called as witnesses. In the presence of witnesses, on personal search of both the accused by the police party, two kilograms charas was recovered from the black bag found in possession of accused Dungar Singh Mahra alias Rohit. On completing all the legal formalities, recovery memo was prepared and the accused, including present appellant, were taken into custody. Chik FIR was lodged on the basis of recovery memo.