Decided on July 23,2013

Shakir @ Mangoora Appellant


- (1.) Present appeal is directed against the judgment and order dated 19.05.2011 passed by Special Sessions Judge [N.D.P.S. Act]/Additional Sessions Judge Kashipur, District Udham Singh Nagar in Special Session Trial No. 78 of 2010, whereby appellant was found guilty for the offence punishable under Section 15 (b) of the N.D.P.S. Act and was sentenced rigorous imprisonment for a period of 3-1/2 years and to pay fine of Rs.10,000/- and in default of making payment of fine, to undergo additional simple imprisonment of two months.
(2.) Brief facts of the present case as per the Chick F.I.R, inter alia, are that on 10.12.2009 PW1 S.I. Ramesh Singh Tanwar alongwith constable Man Mohan and constable Manjeet Rawat left reporting Police Post, Police Station Kashipur at about 11:00 a.m. vide reput No. 9 to search wanted accused and to conduct investigation in the pending matters; when police party was going from Mahua Khera Ganj towards Kharagpur and reached near Khokhara Temple, they saw one person carrying one white colour bag on his shoulder; having seen the police party that person took U-turn and started running back; on suspicion, he was asked to stop, however, instead of stopping, he started running; police party chased him and apprehended him; on being asked, he disclosed his identity as appellant and told the police party that he was carrying poppy straw in the bag; appellant was told that if he wish, he could be searched in the presence of Gazetted Officer or Magistrate as per the provisions of N.D.P.S. Act; on this appellant told the police party since he had already been apprehended, therefore, he did not wish to be searched in the presence of Gazetted Officer / Magistrate; on this PW1 S.I. Ramesh Singh Tanwar prepared the consent memo and obtained the thump impression of the appellant thereon; bag being carried by the appellant on his shoulder was taken from the appellant; on being opened, it was found that it was containing poppy straw; Constable Man Mohan Singh was sent on motor cycle to bring weight and weighing scale; on being weight, it was found that appellant was carrying 20 kgs. poppy straw; 200 grams sample was drawn from the contraband; sample of contraband and contraband so recovered alongwith the bag were kept under the seal and signature of PW1 Ramesh Singh Tanwar; sample seal was prepared on the spot and thereafter, accused, contraband so recovered, sample so drawn alongwith the sample seal were brought to the Thana and F.I.R. was got registered.
(3.) Investigation was initially handed over to PW4, S.I. Anirudh Maithani; thereafter investigation was handed over to PW3, S.I. Dharmveer Solanki; sample so drawn was sent to F.S.L. Dehradun for chemical examination on 21.01.2010, through Constable Pankaj Kumar under the order of Special Judge N.D.P.S. Udham Singh Nagar under his signature and seal. Having completed the investigation, PW3 S.I. Dharmveer Solanki submitted the chargesheet against the appellant for the offence punishable under Section 18/20 of N.D.P.S. Act.;

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