HANIF S/O NANHA Vs. STATE OF U P (NOW STATE OF UTTARAKHAND)
HIGH COURT OF UTTARAKHAND
Hanif S/O Nanha
State Of U P (Now State Of Uttarakhand)
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(1.) Both these appeals are directed against the judgment and order dated 31.01.2000/ 01.02.2000, passed by Additional Sessions Judge (Uttarakhand cases) Dehradun, in Special Sessions Trial No. 01 of 1996 and Special Sessions Trial No. 02 of 1996 whereby said court has convicted the accused/appellants Hanif and Irshad under section 8/20 of Narcotic Drugs and Psychotropic Substances, 1985, (for short NDPS Act) and sentenced each one of them to rigorous imprisonment for a period of ten years and directed to pay fine of ' one lac. In default of payment of fine the defaulter is directed to undergo rigorous imprisonment for a period of further two years.
(2.) Heard learned Amicus Curiae for the appellants, and Learned Additional Government Advocate, for the State, and perused the lower court record.
(3.) Prosecution story, in brief, is that on 23.11.1995, at about 2.10 p.m., within the limits of Village Kunjagrant of Police Station Vikas Nagar PW1 Sub Inspector Yogendra Kumar Sharma alongwith PW2 Head Constable Shambhu Dutt Sharma and other police personnel found two persons hiding in bushes.
Prosecution case is that the police got a tip off from the informant that above mentioned accused were carrying contraband item and due to that reason they had gone to Village Kunjagrant. The police personnel caught them and asked their names, one of the two disclosed his name as Hanif, and another told his name as Irshad. . After apprehending the two accused, the policemen gave option to the accused that their search may be made before some Gazetted Officer or the Magistrate, but the two accused pleaded that since they have been apprehended, they did not need the search before the Magistrate, or the Gazetted Officer and asked the police to take their search. On taking personal search the police recovered 250 grams of SULAPHA from the possession of the accused/appellant Irshad and 1.5 kgs of SULAPHA from the possession of accused/appellant Hanif. A recovery memo (ExA1) was prepared by the policemen and a case crime nos. 409 of 1995 and 408 of 1995 were registered against the accused/appellants Hanif and Irshad in respect of offence punishable under section 8/20 of Narcotic Drugs and Psychotropic Substances Act, at Police Station Vikas Nagar.
Both the crimes were investigated by Sub Inspector Tej Veer Singh (PW6). Investigating Officer got sent a sealed samples prepared by the policemen at the time of recovery to the Forensic Laboratory for analysis. As per the Forensic Laboratory Report Ex-A6 and Ex-A7, both the samples were found containing cannabis (CHARAS). After interrogating the witnesses, the Investigating Officer submitted separate charge sheets against the two accused for their trial in respect of offence punishable under section 8/20 of Narcotic Drugs and Psychotropic Substances Act.;
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