NANDAN SINGH Vs. STATE

JUDGEMENT

(1.) THIS appeal prefermance The Code of Criminal Procedure -, 1973 (hereinafter referred to as the Cr. P. C.) is directed against the judgment and order dated 30th May 1988 passed by the I Addl. Sessions Judge, Nainital in Ses sions Trial no. 266 of 1987 State vs. Nandan Singh, whereby the learned I Addl. Sessions Judge convicted the ap pellant/ accused under Section 20 of The Narcotic Drugs and Psychotropic Sub stances Act, 1985 (hereinafter referred to in brief as the Act) and awarded sen tence to undergo rigorous imprisonment for a period of 10 years' and also with a fine of Rs. One Lac. It was also di rected that in default of payment of fine he shall further undergo rigorous impris onment for 2 years'.

(2.) IN brief, the prosecution case is this that on 10. 09. 1986 when the S. S. I. PC. Pant alongwith the S. I. K. S. Hayanki and Constable Suresh Pal and Constable Nanhe Babu was busy in checking of the vehicles at Barapathar, Nainital, in the meanwhile, at 01:05 p. m. a person was coming towards Mangoli and was going towards Nainital carrying one red bag on his shoulder. On seeing the police personnel the person started to move quickly towards the Himalayan Pravesh Dwar. The police personnel suspecting on his activities told him to stop but he did not stop and started running quickly. The police party, after chasing him, caught hold of him 50 steps downward from Himalayan Dwar. On inquiry, he disclosed his name as Nandan Singh. Before being searched the man apprehended, the police per sonnel made search of each other, but nothing illegitimate item was traced. On making search of the accused; inside the Rexine bag on his shoulder about 1/2 Kg. of CHARAS was recovered in a used woolen shawl in two polythene packets. The accused was taken into custody and the recovered CHARAS was sealed in the same bag alongwith the woolen shawl and the sample seal was taken. A FARD was prepared at the spot in regard to the said recovery and signatures of the witnesses were taken. The FARD is Ext. Ka -1. On the basis of the FARD, the First INformation Report Ext. Ka -2 was lodged by S. S. I. PC. Pant in the Kotwali, Mallital on 10. 09. 1986 at 15:10 p. m. and a case crime no. 41 of 1986 u/ s 60 Excise Act was regis tered.

(3.) LEARNED Sessions Judge, Nainital after hearing the parties on 14. 04. 1988 framed the charge for the offence pun ishable under Section 8/20 of the Act against the appellant/accused. The charge was read over and explained to the accused who pleaded not guilty and claimed to be tried.