Decided on March 04,2013

Naveen Lal Verma Appellant


- (1.) This appeal, moved on behalf of the accused/ appellant Naveen Lal Verma, received through Superintendent of District Jail, Dehradun, which is directed against the judgment and order dated 22.11.2008, passed by learned Special Judge/Sessions Judge, Pithoragarh, in Special Sessions Trial No. 4 of 2007, whereby said court has convicted accused/ appellant Naveen Lal Verma under section 20 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short N.D.P.S. Act), and sentenced him to rigorous imprisonment for a period of ten years and directed to pay fine of ' one lac/-.
(2.) Heard learned Amicus Curiae forthe appellant, and learned A.G.A., forthe State.
(3.) Prosecution story, in brief, is that on 20.12.2006 Sub-Inspector Jaipal Singh Negi (P.W.3) alongwith Constable Talib Husain (P.W.5), Constable Kheem Singh and Constable Manoj Dev was on their way for checking vehicles. They were in the government vehicle bearing registration no. UP-03/4068. When they reached near APS crossing in Panda Farm, District Pithoragarh, a person was seen coming with a bag in his hand. On seeing the police the said person got disconcerted and speedily started going back. The police personnel got down from the vehicle and stopped the person. On getting apprehended the person disclosed his name Naveen Lal Verma (present appellant). On making enquiry about the contents of the bag he told that he was carrying contraband item CANNABIS (charas). On this, the police party disclosed him that if he desired, his search could be made before some Gazetted Officer. Thereafterthe policemen informed P.W.6 D.S. Negi Circle Officer/Dy. Superintendent of Police on mobile phone who came at the spot at 3:00 p.m. Thereafter, a search was made and the contraband item (CHARAS) recovered from the bag of the accused Naveen Lal Verma was weighed, On the balance brought by Constable Kheem Singh. the weight of the recovered contraband was 5 kgms. The police party took accused Naveen Lal Verma into their custody, sealed the contraband and prepared the recovery memo (copy Ex. A5). On the basis of said report, on the very day (20.12.2006) at about 17-15 hours first information report was got lodged at police station Kotwali Pithoragarh relating to offence punishable under section 20/22 of N.D.P.S. Act against accused Naveen Lal Verma, by S.I. Jaipal Singh Negi and a crime no. 4919 of 2006 was registered. P.W.9 Incharge Inspector D.R. Arya investigated the crime and on completion of investigation charge sheet (Ex. A14) was filed against accused Naveen Lal Verma for his trial in respect of offence punishable under section 20/22 of N.D.P.S. Act, 1985 before Special Judge, Pithoragarh.;

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