MANOHAR GIRI AND ANR. Vs. STATE

JUDGEMENT

(1.) THIS appeal preferred by the Appellant under Section 374(2) of Code of Criminal Procedure, 1973 (hereinafter to be referred as Code of Criminal Procedure), is directed against the judgment and order dated 18 -8 -1992 passed by Sessions Judge, Pithoragarh in consolidated Sessions Trial Nos. 5/1992 & 6/1992, State v. Manohar Giriand Sessions Trial No. 7/1992 & 8/1992, State v. Fakire Giri whereby the learned Sessions Judge has convicted the Appellants/accused under Section 60(i) of the Excise Act and Section 20 of The Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the Act') and sentenced each of them to undergo rigorous imprisonment for a period of ten years along with fine of Rs. 1,00,000/ - and in case of default in the payment of fine, further three years' R.I. was awarded to them Under Section 20 of the Act. Each of the Appellants/accused were also sentenced to undergo R.I. for two years Under Section 60(i) of the Excise Act along with fine of Rs. 500/ - and in case of default in the payment of fine, further six months' R.I. was awarded to them. It was also directed that both the sentences shall run concurrently.

(2.) IT was reported by the CJM, Pilibhit vide his report dated 5 -12 -2006 that Appellant No. 1 Manohar Giri has died and therefore, appeal of Manohar Giri was abated vide order dated 15 -2 -2007 passed by this Court. Hence, for brevity, I will only refer to the facts in respect of Appellant No. 2 Fakire Singh.

(3.) IN brief, the prosecution case is that on 15 -9 -1991, SI Raj Kumar Parasari, Const. Ram Bir Singh and Const. Sandeep Kumar were conducting search of vehicles at Chalthi check post. At around 12.10 PM, a bus No. UP -02/A -0240, which was going to Lohaghat from Tankpur, reached near the check post. The bus was stopped by the checking squad. The Appellants alighted from the bus and started moving towards the river side. When they did not stop on asking by the police party, they were chased and after covering distance of nearly 200 steps, the Appellants were caught hold of by the police party at 12.15 PM. On search, 120 pouches of illicit liquor and 400 gm of illicit charas were recovered from Appellant No. 2 Fakire Singh. Recovered liquor and charas were sealed on the spot in white clothe. Namoona mohar was also prepared. Thereafter fard Ex. Ka -1 was prepared by SI Raj Kumar Parasari (PW -1), who lodged the report in PS Lohaghatat 5.10 PM on 15 -9 -1991. On the basis of fard Ex. Ka -1, Chick FIR Ex. Ka -2 was prepared by Const. Nandan Singh (PW -3). Necessary entries were made in the GD. Carbon copy of the GD is Ex. Ka -3. Investigation of this case was entrusted to SI Kishan Lal (PW -5).