SANDEEP KUMAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Present appeal is directed against judgment and order dtd. 15/2/2006 passed by Special Judge, Uttarkashi in Special Sessions Trial No. 3 of 2003 whereby appellant was found guilty for the offence punishable under Sec. 8 read with 20 (b) ii (B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "the NDPS Act") and was sentenced to undergo three years rigorous imprisonment and to pay fine of Rs.5,000.00 and in default of making payment of fine, to undergo additional imprisonment of sixth month.

(2.) Brief facts of the present case, inter alia, are that Sub Inspector Seth Pal Singh (PW5) lodged a check FIR No. 1 of 2003 on 14/2/2003 at 4.00 p.m. with police station Purola, District Uttar Kashi stating therein that on 14/2/2003 at about 09.45. a.m., one police informer passed a secret information that some persons, carrying charas, would pass from Yamuna bridge near Kyara Cheena area between 02.00 p.m. and 02.30 p.m.; receiving this information, PW 5 Seth Pal Singh requested the Tehsildar, Badkot Sri S.S. Panwar to accompany them for search of accused; Tehsildar Badkot arrived at the police station with his driver; thereafter, SI Seth Pal Singh (PW5), Tehsildar Sri S.S. Panwar, Constable Praveen Kumar, Constable Virendra Singh Chauhan, Constable Pradeep Kumar, Constable Jagmal Singh, Constable Sandeep Kumar, Constable Bhopal Singh and police informer went to the spot; SI Seth Pal Singh took measuring scale and measurements from the shop of Narendra Singh @ Bobby situated in Damta market; police party tried to have independent witnesses, however, none could agree to become independent witness; thereafter, members of the police party, searched each other and having satisfied that none of them was carrying any illegal thing proceeded towards Kyara Cheena; they stood behind one shop; after some time, they saw five persons were coming across the Yamuna bridge; police informer pointed out towards them and told the police party that these were the persons, who were carrying charas with them; having pointed out the police, informer left the place; police party encircled them; on search, pieces of black substance were recovered from each of the five accused and they had disclosed their names as Bhola, Raj Singh, Sandeep, Nagendra, Dinesh; PW5 Seth Pal Singh smelled the black substance recovered from the polythene bags carried by the five accused and found that the black substance was charas; he asked for license but they failed to produce it; 50-50 gms. of charas was taken out from each polythene bag, for the sample purpose and were kept in two different seal covers and rest of the contraband, so recovered from the appellants, were kept in different seal covers; seizure memo and arrest memo were prepared on the spot; all the accused were brought to the police station and thereafter, check FIR was registered in the police station.

(3.) PW 4 Layak Singh Yadav conducted the investigation in the matter, who submitted a charge-sheet against the appellant on 4/5/2003.