DEVENDRA KARKI Vs. STATE OF SIKKIM

JUDGEMENT

(1.) BY filing this Appeal, the Appellant seeks to assail the Judgment and Order of Sentence dated 30.07.2014 passed by the Learned Court of Special Judge (SADA), South Sikkim at Namchi in S.T. (SADA) Case No. 04 of 2014. Vide the said Judgment, the Appellant was sentenced to undergo simple imprisonment for a period of two years and to pay a fine of Rs. 2,00,000/ - (Rupees Two lacs) only, under Section 9(d) of the SADA, 2006 with a default clause of imprisonment of 6(six) months. He was also sentenced to undergo simple imprisonment for a period of 6 (six) months with a fine of Rs. 20,000/ - (Rupees twenty thousand) only, under Rule 17(1) of the Sikkim Anti Drugs Rules, 2007 read with Section 14 of the Sikkim Anti Drugs Act, 2006 (hereinafter SADA 2006) with a default stipulation.

(2.) THE facts as placed before the Learned Trial Court, briefly adumbrated are that the Appellant on 20.02.2014 went to Siliguri (West Bengal) from Geyzing, West Sikkim in vehicle bearing No. SK -02J -0957. At Siliguri, he purchased controlled substances comprising of various quantities of cough syrup of different brands, Spasmo -proxyvon capsules and Nitrosun (N -10) tablets and returned to Geyzing the same evening. At around 2200 hours, on reaching Melli Checkpost, he was detained by the Complainant (P.W. - 2) on suspicion that he was carrying controlled substances and the matter was reported to the Station House Officer (SHO), Melli Police Station.

(3.) THE controlled substances were seized vide Exhibit 3, samples separated, sealed and forwarded to the RFSL, Saramsa, East Sikkim for Chemical Analysis and Report. MO -II to MO -VII were identified by P.W. - 6 to be the remaining controlled substances. Thereafter, on completion of investigation, Charge Sheet was submitted against the Appellant under Section 9(b)/14 of SADA, 2006 and on receipt of RFSL Report, supplementary Charge Sheet was also submitted.