BALWINDER SINGH ALIAS TETE Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 10.06.2003, passed by passed by Additional Sessions Judge/F.T.C. Kashipur, District Udham Singh Nagar, in Special Sessions Trial No.61 of 2001, whereby said court has convicted the accused- appellant Balwinder Singh @ Tete under section 15-B of Narcotic Drugs & Psychotropics Substances Act, 9/2001 (for short N.D.P.S. Act ), and sentenced him to rigorous imprisonment for a period of 3 years and fine of Rs. 10,000/- in default of payment of which the convict has to undergo rigorous imprisonment for a further period of 2 year.

(2.) Prosecution story in brief is that on 20.01.2001 at about 11:45 am, P.W.1 Sub-Inspector Shyam Narayan Mishra of Police Station Bazpur, went from the police station to serve warrant and to recover penalty from one Paramjeet. When he reached at P.S. Beriya, Head Constable Rohtash Singh (P.W.2), Constable Umed Singh, Constable Ramladet and Constable Vijaypal Singh accompanied him and they headed towards the house of Paramjeet at Village Beriya Daulat but Paramjeet did not meet in his house. Thereafter, the police party for some other official work headed towards Village Mudiya Hattu via Boria Market and as soon as they reached at Tota Boria Road Tiraha near Ganna Centre, they saw the accused/appellant having bag on his back, who upon seeing the police personnel, tried to run away. Suspecting the accused, the police party caught him and enquired from him, upon which, he told that he is having Poppy husk. Accused/appellant was told that possession of poppy husk comes under the provisions of N.D.P.S. Act . The party further told the accused that he is at liberty to get his search done before Gazetted Officer or Magistrate. However, the accused on finding himself caught by the policemen told that the police party may conduct his search and a consent letter (Ext.A1) was prepared on the spot, which was signed by the accused. On being asked, the accused disclosed his name as Balvinder Singh @ Tete S/o Kehar Singh. Thereafter, the policemen made search of person of the accused and the accused/appellant was found in possession of 7 kg of Poppy husk. He failed to show license to carry the psychotropic substance. After being told to the accused that he has committed an offence punishable under Section 18 / 20 of N.D.P.S. Act, accused/appellant was arrested by the policemen. From the recovered item, 1/2 kg was kept separately for chemical examination at the spot and both the items were separately sealed by the police. FIR was lodged at Police Station Bazpur Kashipur, District Udham Singh Nagar, which was registered as case crime no. 145 of 2001. Investigation was taken up by P.W.3 Samarpal Singh, Sub Inspector. During the course of investigation, the I.O. recorded the statement of witnesses, prepared the site-plan, send the sample to Forensic Science Laboratory, Agra, for examination and after receiving report from the Laboratory, submitted charge sheet (Ext.A6) against the accused/appellant Balwinder Singh @ Tete.

(3.) Learned Sessions Judge, on receipt of the charge sheet, appears to have given necessary copies to the accused as required under section 207 of Cr.P.C. and transferred the case to the court of Ist Additional Sessions Judge, Kashipur for disposal. After hearing the parties, on 28.01.2002, charge of offence punishable under section 18 of NDPS Act was framed against the accused/appellant, to which he pleaded not guilty and claimed to be tried.