SRI MAKSOOD Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment and order dated 09/ 07/2007 passed by Addl. Sessions Judge/ 1st F.T.C., Nainital in Special Sessions Trial No. 26 of 2006, State v. Maksood, under Section 18/20 of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred as Act, 1985) whereby the accused/Appellant has been sentenced to undergo rigorous imprisonment for ten years and a fine of Rs. 1,00,000/ -u/s 20 of the Act, 1985. In default of payment of fine, the accused/Appellant would further undergo rigorous imprisonment for 2 -1/2 years.

(2.) BRIEF facts leading to the prosecution case are that on 26/01/2006 at about 10:00 a.m. S.I.N.R. Vishawakarma alongwith the police patrolling party was in law and order patrolling duty at Bheemtal. When they reached near Mount Alvern School, they saw a person coming from Mallital. The person was holding bag in his back. Seeing the police patrolling party coming over there, he started moving fast from there. On suspicion, the police patrolling party immediately apprehended him. After being apprehended, the accused/Appellant disclosed his identity as Maksood S/o Makbool and admitted that he was having charas in the bag which he was holding in his back. The accused/Appellant was informed of his legal rights of being searched before the Gazzeted officer or the Magistrate as provided under Act, 1985. The accused/Appellant stated that he would not like to be searched before the Magistrate or the Gazetted officer. He stated that as the patrolling party had already apprehended him, they could make his search well. On the said statement of the accused/Appellant, a written consent letter (Ex. Ka. -1) was prepared and the accused/Appellant has given his consent for taking his search. When search of the bag was made, 14 kgs charas was recovered from the possession of the accused/Appellant from one bag and 7 kgs was recovered from another bag. After recovery, a recovery memo was prepared. The accused/Appellant alongwith the recovered article was taken to the police station where a report to that effect was lodged. The matter was investigated by the Investigating Officer and after completing the investigation, chargesheet (Ex. Ka.8) was submitted before the court.

(3.) THE prosecution in support of its case examined as many as five witnesses. PW1 S.I. N.R. Vishawakarma, PW3 Const. Madan Singh Parihar and PW5 Const. Vijay Khambhoj were on patrolling duty on the date of the occurrence and they have apprehended the accused/Appellant alongwith the recovered article. PW2 Const. Harish Chandra and PW3 Const. Madan Singh are the police witnesses. PW4 S.I. Vishan Ram Arya is the Investigating Officer of the case. He has submitted the chargesheet Ex. Ka.8 against the accused/Appellant.