Decided on August 27,2013

Mohd. Javed @ Sonu Appellant


Alok Singh, J. - (1.) Present appeal is filed assailing the judgment and order dated 11.10.2012, passed by Special Sessions Judge/Sessions Judge, Champawat in Special Sessions Trial No. 07 of 2011, whereby appellant was held guilty for the offence punishable under Sections 8/20 of N.D.P.S. Act and was sentenced to undergo rigorous imprisonment for a period of 07 years and to pay fine of INR 50,000/- and in default, in making payment of fine, to undergo additional rigorous imprisonment for a period of one year.
(2.) Brief facts of the present case, inter alia are that on 19.01.2011, SI Prabhat Kumar (PW1) along with SI Chandan Singh Kanyal (PW2), Constable Deepak Khanka, Constable Ganesh Bisht, Constable Mahendra Giri, left the thana vide Rapat No. 24 at 05:05 p.m. for patrolling and investigation purpose; when police party reached about 200 meters ahead to Fulara Gaon, appellant was seen coming; having seen the police party, appellant took u-turn; appellant was directed to stop, however, he started running; he was chased and apprehended at about 05:40 p.m. about 50 feet towards the Fulara Gaon; he disclosed his identity as Mohd. Javed alias Shanu S/o Mohd. Mia, R/o. Ward No.1 House No. 23 Mohalla Gotia, Police Station Khatima; appellant disclosed to the police party that he was carrying 01 Kg Charas and was going to sell the same and started apologizing; thereafter, police party requested few members of the public to become independent public witness but 2 none could agree to become individual witness; appellant was told about his legal right to be searched in the presence of Gazetted Officer or Magistrate; on this, he expressed his wish to be searched in the presence of Gazetted Officer; consent letter was obtained from the appellant; thereafter, Shri Dhani Ram, Deputy Superintendent of Police/Circle Officer, Champawat was informed and requested to come on the spot on his mobile phone number 9411036237; Shri Dhani Ram, Circle Officer reached on the spot within twenty minutes; thereafter members of the police party conducted search of each others and having satisfied that none of them was having contraband, personal search of the appellant was conducted in the presence of Shri Dhani Ram, Circle Officer; from the pocket of the pant, one polythene packet containing Charas was recovered; on being weight, Charas was found to be 01 Kg; appellant was asked to show license, however, he failed to show license; having informed the appellant that he had committed offence punishable under Sections 8/18/20 of N.D.P.S. Act, he was arrested. Contraband was kept in a packet under the seal and signature of PW1; sample seal of Arresting Officer was prepared on the spot; seizure memo, arrest memo were also prepared on the spot; thereafter appellant along with contraband so recovered along with concerned record were brought to the thana and thereafter, chik FIR was got registered.
(3.) Investigation was handed over initially to PW5, SI Har Govind Sharma and thereafter to PW6, SI Jagat Singh Samant. Having investigated the matter, charge-sheet was submitted against the appellant. Learned trial court framed charges against the appellant for the offence punishable under Section 8/20 of N.D.P.S. Act. Appellant denied the charges and claimed trial.;

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