Decided on February 24,2012



Servesh Kumar Gupta, J. - (1.) THIS appeal is directed against the judgment and order dated 3.10.2008 rendered by learned Special Sessions Judge, Bageshwar in Special S.T. No. 22/2007, titled as State Vs. Lokpal Singh. By the said judgment, the court below found the appellant guilty for the offence of Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter will be called as the Act). The learned Judge has imposed the sentence of ten years' R.I. in addition to Rs. 1.00 lakh of fine upon the convict, and in default of the payment of fine, he was sentenced to undergo two and half years' additional simple imprisonment.
(2.) HEARD learned counsel for the parties and perused the entire material available on record. As per recovery memo Ex.Ka -6, the facts are that on 1.7.2007, when Sub -Inspector Pritam Singh of P.S. Bageshwar, along with his police personnel, was busy in patrolling duty and also checking of the hotels of the town, he noticed a man on the Mall Road of the market, holding a white bag in his hand. That man, after noticing the presence of the police, turned back and started moving with fast pace, which arose suspicion in the minds of police personnel. The police personnel asked the accused to stop but he did not do so. By using force, the police nabbed that person who disclosed his name as Lokpal Singh S/o Mangal Singh, R/o Village Jhumi, P.S. Kapkot, District Bageshwar. He further disclosed regarding the fact of having cannabis (CHARAS) with him and for this reason, he was bidding to take to his heels. After having the knowledge of this disclosure by the police personnel, the accused was made aware about his rights to be searched before any Magistrate or a Gazetted Officer, but he was not inclined to be carried before such an officer, and assented for taking of his search by the police itself. His consent letter was also prepared and got signed, which is Ex.Ka -1, on record. On being searched, he was found having possession of cannabis (CHARAS) which was weighed to be 1 kilogram and 100 grams. The weighing instruments were fetched from the mess of the police station. Out of this recovered cannabis (CHARAS), two packets were sealed separately, as samples, for sending them to the Public Analyst. Recovery memo was also prepared on the spot at about 10:45 PM.
(3.) BEFORE conducting the search, all the police witnesses took search of each other in presence of the accused, nay he was also extended liberty to search the person of the police officials and this aspect was also recorded in a memo Ex.Ka -2, on record. Prima facie, the recovered contraband was identified as CHARAS, the memo of identification by the police personnel is Ex.Ka -3 and the memo of preparation of samples is Ex.Ka -4. Memo of rest of contraband article, weighing one kilogram, is Ex.Ka -5. Memo of arrest was also prepared which is Ex.Ka -7, whereupon the accused Lokpal Singh also signed. After apprehending the accused, he was brought to the police station and the FIR was lodged in the intervening night of 1/2.7.2007 at 1:15 AM at police station Bageshwar, which is Ex.Ka -9. Entry of G.D. has been produced which is Ex.Ka -10.;

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