Decided on June 19,2013



Alok Singh, J. - (1.) THIS is an appeal against the judgment and order dated 21.09.2011 passed by Special Sessions Judge, [N.D.P.S. Act], Champawat, in Special Sessions Trial No. 5 of 2009, whereby appellant was found guilty for the offence punishable under Section 8/20 of the N.D.P.S. Act and was sentenced rigorous imprisonment for a period of ten years and to pay fine of Rs. 1 lac, and in default of making payment of fine, to undergo additional simple imprisonment of six months. Brief facts of the present case, inter alia, are that on 11.12.2008, police party consisting of PW1 S.I. Bhagwati Prasad Bisht, PW2 Chowki Incharge Chalthi S.I. Shri Bachi Singh Bisht, constable Mahendra Giri, constable Hira Lal Verma, Head constable Bhupendra Singh and constable Bhupal Chandra left the police post Chalthi vide Report No. 10 at about 12:10 p.m. to maintain law and order and to check suspected vehicles and people; when police party reached at Chalthi Bridge, police informer passed on secret information to the effect that some people were carrying charas in Bolero Car No. HR38M -8210, if police party check them they could be arrested; having received secret information furnished by the police informer, police party tried to have independent public witness, however, none of the member of the public agreed to become independent witness; thereafter, members of the police party searched each other and believing" that none of them was having contraband started waiting for the Bolero Car; at about 12:40, they saw white Bolero car coming from Champawat side; having seen the police party, Bolero Car stopped; immediately police party rushed toward Bolero Car, however, meanwhile, driver and persons sitting on the front seat as well as on the rear seat started running; person sitting next to the driver seat was caught by the police party; however two persons started running; they were chased by Constable Bhupal Chand and Constable Hira Lal Verma; however, both of them could not be apprehended; on being asked, accused disclosed his identity as appellant Sanjay Garg S/o. Ramm Kishore Garg, R/O Kasba Kithore, P.S. Kithore, District Meerut (U.P.); appellant also told to the police party that Sonu S/o. Subhash Chandra R/o Shastri Nagar Meerut was driving the car while Man Singh S/o. unknown R/o Zhariuo, P.S. Kithore, District Meerua was sitting on the back seat of the car; appellant was told that if he wish he could be searched in the presence of Gazetted Officer since it was his legal right; on this appellant told the police party he had complete trust on the police, therefore, could be searched by the police; on personal search of the appellant, Rs. 600/ - were recovered from the appellant; thereafter Bolero Car No. H.R. 38M -8210 was checked; two white colour bags were found on opening the front engine side bonnet; bags were taken out wherein 20 polythene packets from one bag and 17 polythenes packets from second bag were recovered; having opened them, it was found that they were containing the charas; 37 kgs charas was found being carried in the polythenes bags; appellant started apologizing and told the police party that he was carrying the charas to Meerut; appellant was apprised about the offence committed by him punishable under Section 18/20 N.D.P.S. Act and was formally arrested at about 1:20 p.m. and contraband so recovered was kept under the seal and signature of PW1 S.I. Bhagwati Prasad Bist; sample seal was prepared at the spot; thereafter arrest and seizure memos were prepared at the spot and thereafter chick F.I.R. was got registered.
(2.) INVESTIGATION was handed over to PW6 Inspector Harendra Singh Bist who having investigated the matter, submitted the chargesheet against the appellant for the offence punishable under Section 8/20 N.D.P.S. Act. Learned Trial Court framed the charges for the offence punishable under Section 8/20 N.D.P.S. Act. Appellant denied the charges and claimed trial. To prove the prosecution case, PW1 arresting Officer S.I. Shri Bhagwati Prasad Bist, PW2 S.I. Shri B.S. Bist, PW3 Head Constable Shri Bhupendra Singh Nagarkoti, PW4 Constable Shri Ajay Kumar, PW5 Head Constable Shri Jagdish Chandra and PW6 Investigating Officer, Inspector Shri Harendra Singh Bist were examined and, thereafter, statement of appellant was also recorded under Section 313 of the Cr.P.C.
(3.) FROM the side of defence, DW1 Rajendra Singh Bisht, DW2 Brahmpal, DW3 Sanjay Garg and DW4 Anil Kumar and DW5 Onkar Sharma were examined.;

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