UGRA SEN S/O MANI RAM Vs. STATE OF UTTARAKHAND
HIGH COURT OF UTTARAKHAND
Ugra Sen S/O Mani Ram
STATE OF UTTARAKHAND
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(1.) Appellant, by way of present appeal, is assailing the judgment and order dated 09.03.2010 passed by learned Sessions Judge, Champawat in Session Trial No. 10 of 2007 whereby the appellant was found guilty for an offence punishable under Section 8/20 of N.D.P.S. Act and was sentenced to undergo R.I. for a period of ten years and to pay a fine of Rs. 1,00,000/-, failing which further undergo additional imprisonment for one year.
(2.) Brief facts of the present case inter alia are that on 25.11.2006 Sub-Inspector Bhagwari Prasad Bisht (P.W.-1) along with Head Constable Girish Chandra Bhatt, Bhuwan Pandey Constable, Pooran Nagarkoti and Ravindra Rana Constable and Harbhajan Rana Constable were on the patrol duty in a Government jeep. At about 05:20 p.m. secret information was passed on to Sub-Inspector Bhagwati Prasad Bisht (P.W.1) to the effect that one person, resident of Bareilly, was standing at Gyan Khera Tiraha, waiting for the bus to go for Bareilly and was carrying chrus with him; having received secret information P.W.-1 has tried to take along with public witness, but none has agreed to accompany the police party; all the police personals thereafter checked each other and have satisfied themselves that none of them was carrying any illegal thing and thereafter proceeded towards the Gyan Khera Tiraha; they could see under the head light of their jeep that one person was standing near the Tiraha; having seen the police personal, appellant started avoiding the police party, however, he was detained at about 07:40 p.m.; Bhagwari Prasad Bisht (P.W.1) has informed the appellant that police party has definite information that appellant was carrying chrus, therefore, if he wish his search could be made in the presence of any Magistrate or any other Gazetted Officer; Dy. S.P./Circle Officer was informed about the detention of the appellant and about the suspicion that the appellant was carrying chrus on his mobile phone; having received the information from P.W.1, Harish Chand Sati (P.W.2) Circle Officer came on the spot at 08:15 p.m. and has asked the members of the public to become witness but none of them has agreed; Harish Chand Sati (P.W.2) has asked the appellant to take search of every police personal to satisfy himself that none of them was carrying any contraband and on his request appellant has made search of every police personals and has satisfied himself that none of them was carrying any contraband and thereafter, the bag, hanging on the shoulder of the appellant was checked and two kilogram chrus was found in the bag; on the spot seizure memo and arrest memo were prepared; contraband was kept in the seal cover by P.W.1 and specimen of seal was also prepared on the spot; thereafter accused/appellant along with seized contraband were brought to the Thana.
(3.) Investigation was handed over to Narayan Singh Sub Inspector (P.W.6), who having investigated the matter has submitted a charge sheet against the appellant. After the committal, learned trial court has framed charges against the appellant for an offence punishable under Section 8/20 of N.D.P.S. Act where appellant has not pleaded guilty and claimed trial.;
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