Decided on August 27,2013

Sunarpati Appellant


- (1.) Present appeal is directed against the judgment and order dated 04.07.2011 passed by Special Judge, NDPS Act / 6th Additional Sessions Judge, Haridwar in Sessions Trial No. 36 of 2010 whereby appellant was held guilty for the offence punishable under Section 8/20 of the NDPS Act and was sentenced to undergo 10 years rigorous imprisonment and to pay fine of Rs. 1,00,000/- and in default of making payment of fine, to undergo additional rigorous imprisonment of one year.
(2.) Brief facts of the present case, inter alia, are that on 02.02.2010, SSI Jaswant Singh (PW3) along with Constable Bhav Singh, Constable Rajendra Singh, Constable Jagdish Ram Arya, Constable Raj Karan Tiwari left the police station vide report no. 17 at 10.15 a.m. for police post 4.2 Km. Kangari while lady Constable Reena Ansari (PW4), lady Constable Tara Goswami along with Head Constable Rakesh, Constable Kanhaiya Lal, Constable Dharmendra Kumar, Constable Vikas Bhatt, Constable Pushpendra Tiwari and Constable Abulpati of 93 Battalion Company of CRPF left the police station Gauri Shankar vide report no. 17 on 08.01.2010 at 09.45 a.m.; police party was busy in checking of vehicles; at 02.45 p.m. bus of UPSRTC of Rampur Depot bearing no. UP 21 N 0508 was seen coming from Nazibabad side; bus was stopped for the purpose of checking, meanwhile, one man and two women, having seen the police party started behaving abnormally; that man and two women along with their bags started de-boarding the bus; on being suspicion, all the three were apprehended and on being asked, they disclosed their identity as Chavilal Khatri, Sunarpati, wife of Khaggan and Sukhi, wife of Jangbahadur, residents of Nepal; on being asked, all the three told the police party that they were carrying charas; appellant and two others were told about their right to be searched in the presence of a Gazetted Officer or a Magistrate; however, appellant and two others told the police party that they had complete faith on the police party, therefore, police could search them and their belongings; consent letter was prepared on the spot; on being searched, appellant was found carrying a white coloured bag wherein 5 packets were kept; on being opened, it was found that appellant was carrying 5 kg of charas and other two were found carrying 6 kg and 5 kg of charas; on being asked, to show license for keeping charas in their possession, all of them including the appellant failed to show any license, therefore, appellant and two others were formally arrested; contraband, so recovered, were kept in different seal covers under the seal and signature of PW3 Jaswant Singh; sample was prepared on the spot; arrest memo, search memo and seizure memo were also prepared on the spot and all the appellants along with contraband were brought to police station and chick FIR was got registered.
(3.) Initially, investigation was handed over to PW6 SI Harendra Singh and thereafter, it was handed over to PW 7 SI Bharat Singh.;

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