Decided on May 27,2013

NASIR Appellant


- (1.) Present appeal is directed against the judgment and order dated 01.09.2010 passed by 3rd Additional Sessions Judge, Udham Singh Nagar in Sessions Trial No. 21 of 2008 whereby appellant was found guilty for the offence punishable under Section 8/17 (C) of the NDPS Act and was sentenced to undergo 10 years rigorous imprisonment and to pay fine of Rs. 1,00,000/- and in default of making payment of fine, to undergo additional imprisonment of one year under Section 8/17 (C) of the NDPS Act.
(2.) Brief facts of the present case, inter alia, are that on 31.07.2007 SI Abdul Kalam with Constable Ravindra Singh, Constable Kuldeep Arya, SI Om Prakash Sharma (PW1), SI Vikas Kumar (PW2), Constable Firoz Khan (SOG) left the police station vide report no. 26 at 10.10 p.m. for collecting the information about car lifters and suspects; when police party reached at Poolbhatta, police informer passed on secret information to PW3 SI Abdul Kalam that one person from Bareilly was carrying brown sugar while purchaser thereof was about to come; if police party immediately could reach on the spot, both of them could be apprehended; having received such secret information, police approached different members of public and requested them to become independent witnesses; however, none of them could agree to become independent witness; members of police party made search of each other and having satisfied that none of them was carrying any illegal thing, police party, by hiring a private vehicle, reached on the spot; private vehicle was sent back and thereafter, police party taking shelter of lyptus trees started proceedings towards the spot; police informer pointed out towards the appellant and left the places; appellant was apprehended at 1.00 p.m. and on being asked, appellant disclosed his identity and told the police party that he was carrying 600 gms of brown sugar; thereon appellant was made to understand his legal right that he could be searched in presence of a Magistrate or a Gazetted Officer; appellant replied to the police party, if police party wished, they could call anybody; on this SI Abdul Kalam requested the Circle Officer Pramod Kumar to come on the spot and narrated the entire incident to him; whereupon PW4 told PW3 that he was in Kichcha and would be reaching on the spot after some time; PW4 Circle Officer reached on the spot; PW4 made inquiry from the appellant, appellant admitted that he was carrying 600 gms of brown sugar and told PW4 that he was about to sell the brown sugar to one person of Haldwani, however, before he could deliver the same to the purchaser, he was apprehended; bag being carried by the appellant was opened and therefrom 600 gms of brown sugar was recovered; 25 gm brown sugar was taken out as sample; sample and contraband, so recovered, were kept in different seal covers under the seals and signatures of PW3; appellant along with contraband, so recovered and sample thereof were brought to the police station and thereafter, chick FIR was registered. Sample was sent to the FSL, Dehradun for chemical examination through Constable Jitendra Singh under the order of 1st Additional Sessions Judge, Udham Singh Nagar on 21.08.2007, it was delivered to the FSL on 23.08.2007, as revealed from FSL report dated 16.02.2008. Having investigated the matter, charge-sheet was submitted against the appellant for the offence punishable under Section 8/22 of the NDPS Act. Appellant was charged for the offence punishable under Section 8/22 of the NDPS Act. Appellant denied the charges and claimed trial.
(3.) To prove the prosecution story, PW1 Om Prakash Sharma, PW2 SI Vikas Kumar, PW3 SI Abdul Kalam, PW4 Circle Officer Pramod Kumar, PW5 Constable Vimal Singh, PW6 SI Hari Ram, PW7 Ravinder Kumar Kaushal, PW8 SI Vijaya, PW9 Subhash Chandra Tamta were examined and thereafter, statement of appellant was recorded under Section 313 Cr.P.C.;

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