Decided on March 19,2013



- (1.) Appellant, by way of present appeal, is assailing the judgment and order dated 30th June, 2008/5th July, 2008 passed by Special Sessions Judge, Champawat in Sessions Trial No. 11 of 2006, whereby the learned trial Judge has found the appellant guilty for an offence punishable under Section 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "the Act") and has sentenced him to undergo 12 years' rigorous imprisonment and a fine of Rs. 1 lac. In default of payment of fine, appellant was further directed to undergo for two years' rigorous imprisonment.
(2.) Brief facts of the present case, inter alia, are that on 7th May, 2006, at about 01.05 A.M police informer has passed on a secret information on telephone to the effect that one boy with 7 Kilograms Charas has reached to Kolidhek by motorcycle and now he will be reaching Mayawati Tiraha via Khetikhan Chauraha and shall hand over the said Charas to someone. Having received the information in the Police Station by telephone, SHO Dinesh Lal Verma (PW1), having directed the staff of Police Station to enter the same in the General Diary, has left the Police Station at about 01.30 A.M. alongwith the other police personnel and by the Police Jeep reached to the Police Check Post. At about 02.20 A.M. appellant was found coming having a bag on his shoulder. Police personnel immediately apprehended the appellant and opened the blue colour rexine bag and found that there was a white colour plastic bag therein. On smell, police personnel could find that white bag was containing Charas. Thereafter, PW1 has asked the appellant that they have secret information that the appellant was carrying Charas; therefore, if the appellant wants he could be searched in the presence of S.D.M. or any other gazetted officer. On this, appellant has replied to call the S.D.M. The S.D.M. was called through Constable Mehandi Hasan and, therefore, again bag was opened and it was found containing about 7 Kilograms Charas. The Charas, so recovered, was seized then and there and thereafter, appellant was arrested. The Charas, so seized, and the appellant were taken to Police Station. Having perused the evidence tendered by the prosecution side, learned trial court has found the appellant guilty and has sentenced him as mentioned herein above. Feeling aggrieved, appellant has preferred present appeal.
(3.) We have heard the learned counsel for the appellant as well as learned counsel for the State/respondent.;

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