MANOJ SAHI Vs. STATE

JUDGEMENT

(1.) THIS criminal appeal has been filed against the judgment and order dated 26 -08 -2006, passed by Ms. Kumkum Rani, the then Sessions Judge/special Sessions Judge, Pithoragarh, in Special S. T. No. 10/2004, whereby the Special Sessions Judge has convicted the appel lant and sentenced him to undergo R1 for ten years and to pay fine of Rs. 1 lakh under section 20 of the N. D. P. S. Act. In default of payment of fine, the appellant shall undergo S. I. for further two years.

(2.) THE case of the prosecution in brief, is that on 08 -04 -2004 at about 18:15 hours Laxman Singh Bisht PW3, Incharge of the police station Pithoragarh received an information that one person namely Manoj Sahi who coming from Jajardeval to Pithoragarh was carrying Charas (contraband mate rial) with him. Believing this, Laxman Singh Bisht PW3 alongwith Constable Keshav Lal PW4, Constable Kailash Pangaria and Constable Vijay Singh reached at Panda Barrier. They waited therefore that person. When one person was seen coming from Jajardeval, the mukhbir pointed the appellant, who was carrying Charas in the bag. Seeing the police, the appellant tried to run away. The police party intercepted him and tried to conduct his search. On being asked, the person carrying Charas has disclosed his name as manoj Sahi and admitted that he had the Charas in his possession. 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. The appellant said that he would like to be searched before a Magistrate. There after, the appellant was taken before Rajiv Sah (PW1), S. D. M. , Sadar in whose presence the search of the appel lant was made - On conducting search of the appellant, about 1550 grams (1 kg to 550 gm) Charas was recovered from his possession, out of which, a packet of 100 gram Charas was sealed for the , purpose of chemical examination and 1 kg & 450 gram Charas was sealed sepa rately. The police prepared the recovery memo (Ex. ka. l) at the spot. On the basis of recovery, chick FIR (Ex. ka. 6) was lodged at the police station and entry to that effect was made in the G. D. There after, the accused, furd and recovered Charas was handed over to the police station. The recovered Charas was kept in the malkhana of the police station. The sample taken from the seized arti cle was sent for chemical examination on 15 -04 -2004 and the same was re ceived to the Chemical Examiner on 19 -04 -2004 and it was found to be Charas. The investigation was taken up as usual which culminated into the submission of the chargesheet.

(3.) AFTER submission of the chargesheet, the accused appellant was committed to the court of Sessions Judge, Pithoragarh for trial and the trial court framed charge against the accused appellant under Section 20 N. D. P. S. Act. The accused appellant denied the charge levelled against him and claimed trial.