ARIF KHAN @ AGHA KHAN Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) J. C. S. Rawat, J. This is an appeal against the judgment and order dated 9-11-2004 passed by the learned Additional Sessions Judge/ii Fast Track Court, Udham Singh Nagar in Special Sessions Trial No. 20 of 2003, convicting and sentencing the appellant to 10 years rigorous imprisonment and a fine of Rs. 1,00,000. 00 (one lac) under Section 20/22 of the Narcotic Drugs and Psychotropic Substances Act (for the short N. D. P. S. Act ). It was further directed that in default of payment of fine to further undergo rigorous imprisonment for 3 years.

(2.) BRIEF facts for the disposal of this appeal that the raiding party headed by Harish Mehra, S. H. O. , P. S. Kichha and other police officials were on patrol duty at Pul Bhatta Chowki. The secret informant gave an information that a person has got down near the railway crossing and he had some illegal articles and he is going towards Chowki Pul Bhatta. Thereafter the police raiding party immediately proceeded towards the place of incident. When they reached near the Pul Bhatta the informer pointed out the appellant to the raiding party. Thereafter the head of the raiding party Harish Mehra, the Incharge of P. S. Kichha approached towards the appellant and disclosed their identity to the appellant and he was apprehended by the raiding party and he stated to the raiding party that he was carrying the CHARAS, a narcotic substance with him. After he was apprehended the appellant was informed that if he so desire he could be searched in presence of a Gazetted Officer or be taken to the nearest Magistrate. The appellant declined to be searched in presence of the Magistrate or a Gazetted Officer and agreed to be searched by the police raiding party. A written consent was obtained by the raiding party, signed by the appellant which is Ext. Ka-1. The appellant was searched and it was found from his person that he was having 9 slabs of CHARAS weighing 2-1/2 Kg. When the police party satisfied that it was a CHARAS, they took 10 grams from each slab and the substance was sealed on the spot and a Fard (Ext. Ka-2) was prepared at the spot and the accused appellant alongwith the raiding party taken to the police station where the report was lodged by the Incharge S. O. Harish Mehra and the said contraband was handed over to the A. S. I. Ram Singh who was haying the charge of Malkhana at the relevant time. Thereafter the investigation was conducted by the S. I. Ummed Singh posted in Kichha police station which culminated into the submission of the charge-sheet against the present appellant.

(3.) IN the statement recorded under Section 313 Cr. P. C. the appellant denied the prosecution case and stated that he has been falsely implicated in this case.