ATAR SINGH @ AWTAR SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Challenge in the present criminal appeal is to the judgment and order dated 17.4.2018 passed by the learned Special Sessions Judge, Uttarkashi in the Special Sessions Trial No. 20/2016 whereby the appellant has been convicted for the offence under Section 8 / 20 of the Narcotic Drugs and Psychotropic Substances Act , 1985 (for short, NDPS Act ) and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of rupees one lakh twenty five thousand.

(2.) As per the prosecution story, at about 2.55 AM on 1.4.2016, 1.5 Kg illegal Charas was recovered from the possession of the appellant. Consequently, the case was registered against the appellant and after the investigation, the police submitted the chargesheet. Thereafter the Trial Court framed the charge punishable under Section 20 of the NDPS Act against the accused appellant.

(3.) Prosecution examined seven witnesses to prove its case. PW1 S.I. Ajay Singh is the witness of recovery. He is also the arresting officer and information to the Circle Officer (PW2) was given from his mobile phone. PW2 is the Circle Officer Devi Datt Chausali before whom the search of the accused was conducted and the alleged recovery was made. PW3 is Head Constable Sunil Kumar who prepared the Chick Report. PW4 S.I. M.L. Jhakmola is the witness of recovery. PW5 Constable Raghuveer Singh had taken the sample of recovered contraband to the Forensic Science Laboratory, Dehradun. PW6 Vijendra Kumar was the Malkhana Moharrir on the relevant date. PW7 S.I. Deep Kumar is the investigating officer who after completing the investigation filed the chargesheet against the accused appellant.