HARBANSH SINGH Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2013-12-17
HIGH COURT OF UTTARAKHAND
Decided on December 03,2013

HARBANSH SINGH Appellant
VERSUS
STATE OF UTTARAKHAND Respondents

JUDGEMENT

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 lodging FIR.
(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 defence.
(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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