Decided on June 18,2013

Insaar Appellant


- (1.) Present appeal is directed against the judgment and order dated 30.07.2011 passed by Special Judge (NDPS Act), Dehradun, in Special Sessions Trial No. 43 of 2010 whereby appellant was held guilty for the offence punishable under Section 8/15 of the NDPS Act and was sentenced to undergo rigorous imprisonment for 10 years and to pay fine of Rs. 1,00,000 and in default of making payment of fine, to undergo one year additional simple imprisonment.
(2.) As per the prosecution story, PW1 SI Madan Singh, PW2 Devendra Singh Panwar, PW3 Constable Ajay Rautela and Constable Pradeep Negi left the police station on 04.06.2010 vide report no. 30 at 12.30 p.m. for maintaining law & order and for checking of vehicles; police party was present on Bridge No. 2 of Shakti Canal for vehicle checking, meanwhile, one white Maruti car was seen, by the police party, coming from Dakpathar side; having seen the police party, driver of the car stopped the car about 50 metres before and tried to take u-turn; having seen the car taking u-turn suspicion arose in the mind of police party, therefore, police party rushed towards the car and caught the driver of the car; on being asked, appellant disclosed his identity and told the police party that he was carrying poppy straw measuring about 80 kgs and he was going towards Muzaffarnagar to dispose of the same, hence, having seen the police party, he was trying to run away from the site; on this, appellant was made aware about his legal right to be searched in the presence of a Gazetted Officer or a Magistrate, however, appellant told the police party that he could be searched by the police party and he did not wish to be searched in presence of any Gazetted Officer or Magistrate; consent of appellant was obtained; police party tried to have independent public witness, however, due to scorching sunlight, none could be found; PW1 tried to make contact with the Magistrate but in vain, consequently, having searched each other, police party inspected the car and recovered four bags from the backside and dickey of the car bearing no. HR 11 9184; stitches of the bags were opened and police party having satisfied that all the four bags were containing the poppy straw, asked the appellant to show his license for carrying 78 kg. of poppy straw; appellant failed to show any license and started apologizing; appellant was informed about the offence committed by him punishable under Section 8/15 of the NDPS Act and was formally arrested at 02.20 p.m.; 500 gm of poppy straw, as sample, was drawn from the bags recovered from the car being driven by the appellant and rest of the contraband was kept under the seal and signature of PW1; sample, so drawn, was also kept under the seal and signature of PW1; sample seal was prepared on the spot; appellant was further asked to show driving license and papers of the car but he failed to produce the same; on the dictation given by PW1, PW2 prepared the arresting memo, seizure memo, on the spot and thereafter, appellant, Maruti car bearing no. HR 11 9184, contraband, so recovered, sample, so drawn and sample seal, so prepared were brought to the police station and handed over to SHO.
(3.) Investigation was handed over to PW4.;

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