HARBANSH SINGH Vs. STATE OF UTTARAKHAND
HIGH COURT OF UTTARAKHAND
STATE OF UTTARAKHAND
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U.C.DHYANI, J. -
(1.) PW 1 S.I. Nanhe Lal lodged an FIR at police station Ramnagar, District Nainital on 17.05.1998 at 12:15 AM (00:15
hours) against accused Harbansh Singh, which was registered as
case crime no.266/1998 under Section 18/20 of the Narcotic
Drugs and Psychotropic Substances Act, 1985 (hereinafter
The incident allegedly took place on
referred to as the Act).
16.05.1998 at 10:00 PM and the FIR was lodged on 17.05.1998 at 12:15 AM. The distance between the place of incident and the police station was 8 km. Hence, there appears to be no delay in
(2.) AFTER investigation of the case, a charge -sheet was submitted against the accused, namely, Harbansh Singh for the
offence punishable under Section 18/20 of the Act. When the
trial began and prosecution opened it's case, charge against the
accused was framed for the offence punishable under Section
20(1) of the Act, to which he pleaded not guilty and claimed trial.
Pw1 S.I. (retired) Janki Singh, Pw2 S.I. Nanhe Lal and Pw3 Head Constable Narendra Singh were examined on behalf
of the prosecution. Incriminating evidence was put to the
accused under Section 313 Cr.P.C., in reply to which he said that
he was falsely implicated in the case. No evidence was given in
(3.) AFTER conclusion of the trial, learned Additional Sessions Judge / 1st F.T.C., District Nainital, vide judgment and order
dated 24.05.2002, convicted the accused -appellant and
sentenced him to undergo rigorous imprisonment for one year
alongwith a fine of Rs.5,000/ -. In default of payment of fine, the
appellant was directed to undergo further imprisonment for
three months. Aggrieved against the same, the present criminal
appeal was preferred by the convict.;
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