Decided on March 06,2007



Hon'ble Dharam Veer, J. - (1.)THIS is a criminal Jail Appeal against the judgment and order dated 29.07.2004 passed by Sessions Judge, Bageshwar in Criminal Special Trial No. 16 of 2004, whereby the Sessions Judge has convicted the appellant under section 20 -B read with Section 22 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity, hereinafter referred as N.D.P.S. Act) and sentenced him to undergo rigorous imprisonment for a period of 5 years and to pay a fine of Rs. 10,000/ -and in default of payment of fine, further undergo rigorous imprisonment for a period of one year. Brief facts of the prosecution case, as emerged out from the record, are that on 23.02.2004 the police party comprising of S.S.I. Surendra Singh Kushwaha, Constable No. 67 Ajab Singh and Constable No. 163 Ajab Singh and Jeep driver Jagdish Singh were on patrolling duty. At about 10.30 p.m. they reached the iron bridge of Balighat. They saw a person coming from front side and having seen the police personnel, he started. S.S.I. Surendra Singh asked the person as to why he scared, he told that he had some charas in this possession so he scared. The accused was asked whether he wants to be searched before a Gazetted Officer as he was having charas in his possession, the accused replied that he had faith on them and expressed his desire to be searched by the police personnel. The police party apprehended the accused and conducted the search of the accused and a no objection search (Ext. Ka. 2) was prepared. On being made search of the accused, the police recovered 290 grams of charas from his possession. A recovery memo (Ext. Ka. 1) was prepared on the spot regarding the recovery of Charas from the accused and copy of the recovery memo was given to the accused. Thereafter the police party returned to the police station and lodged the report against the accused and prepared a chick FIR which is Ext. Ka. 3 on record. The investigation was handed over to Sri Kalyan Singh, SI. The recovered charas (Material Exts. 1 and 2) was produced before the trial court. The report of the Chemical examiner reveals that sample was found to be charas. The investigation was conducted by S.I. Kalyan Singh and after completing the investigation he has submitted the charge sheet (Ext. Ka. 5).
(2.)A charge under Section 20 -B read with section 22 of the N.D.P.S. Act was framed against the appellant. The appellant denied the charge and claimed trial.
The prosecution, in order to support its case, examined PW 1 SSI Surendra Singh Kushwaha, PW 2 constable No. 67 Ajab Singh, PW 3 constable Nandan Prasad and PW 4 SI Kalyan Singh.

(3.)THE learned Sessions Judge, Bageshwar on his appreciation of the evidence on record, held that the prosecution had proved its case against the appellant beyond reasonable doubt and sentenced him to undergo RI for five years and a fine of Rs. 10,000/ -and in default of payment of fine, further undergo RI for one year under section 20 -B read with section 22 of N.D.P.S. Act.

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