MOUKIM MEV Vs. STATE

JUDGEMENT

(1.) THIS criminal appeal has been filed against the judgment and order dated 19 -07 -2005 passed by Sri Dhirendra Nath, the then IVth F.T.C./Addl. Sessions Judge, Haridwar in S.T. No. 7/2002, whereby the Addl. Sessions Judge has convicted the Appellant and sentenced him to undergo RI for seven years and to pay fine of Rs. 50,000/ - under Section 8/15(B) of the N.D.P.S. Act. In default of payment of fine, the Appellant would undergo R.I. for further two years.

(2.) THE case of the prosecution, in brief, is that on 21 -01 -2001 at about 11 A.M. S.I. - Naresh Chandra Joshi PW2 alongwith Constable Satendra Kumar PW1 and S.I. Suraj Bhanu PW3 was on patrolling duty at Prahladpur, Brahmanwala, Baichandrawala. When they reached near Brahmanwala Tiraha, they found one person coming from the side of Brahmanwala having a plastic bag in his hand. On being suspicion, the police patrolling party immediately apprehended after chasing him at about 11 a.m. on 21 -01 -2001. The Appellant disclosed his name and informed the police party that he was having the poppy husk in his bag. The Appellant was duly informed of his right of being searched before a Gazetted Officer or a Magistrate as required under Section 50 of the Act but he declined and said that the police may take his search. When the police took his search the Appellant was found carrying 5 kg. of 'Doda Powder' (poppy straw) in a plastic bag. Out of the seized contraband, a sample of 250 grams of 'Poppy Straw was prepared at the spot and remaining 'Poppy Straw' was intact in the bag. The police prepared the memo of recovery at the spot. The police party tried to take public witnesses, but none came forward to be witness of the recovery. On the basis of recovery, check FIR (Ex.ka. 4) was lodged at the police station and entry to that effect was made in the G.D. (Ex.ka. 5). Thereafter, the Appellant -accused as well as the recovered contraband was handed over to the police station. The investigation was entrusted to S.l. - Suraj Bhanu, who visited the spot and prepared the site plan (Ex.ka.2). The sample took from the seized article was sent for chemical examination and it was proved to be Poppy Straw. The investigation was taken up as usual which culminated into the submission of the chargesheet.

(3.) IN order to prove its case, the prosecution examined as many as three witnesses. Constable Satendra Kumar PW1 and S.l. - Naresh Chandra Joshi PW2 were the witnesses of search, seizure and arrest of the Appellant. Both the witnesses have supported the prosecution case and they have narrated the entire story as indicated in para 2 of my judgment. S.l. -Suraj Bhanu PW3 was the Investigating Officer of this case and he submitted the chargesheet against the Appellant.