Decided on August 23,2013

Gyan Dass Appellant


- (1.) Consequent upon recovery of 10 kgs. of poppy straw, a recovery memo was prepared. On the basis of such recovery memo, an FIR was lodged by PW2 S.I. Ganga Ram against two accused (appellant being one of them) on 19.01.1998, in police station Bajpur, for the offence punishable under Section 8(C)/15/18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as NDPS Act). The recovery was allegedly made on the selfsame day at 03.30 P.M. The distance between the place of incident and the police station concerned was 4 kms. and the FIR was lodged at 05:20 P.M. and hence, there appears to be no delay in lodging the FIR.
(2.) Representative sample was sent to Forensic Science Laboratory, Agra for chemical examination, who affirmed that the same was poppy straw. Such report was forwarded to I Addl. Sessions Judge, Nainital, vide letter dated 10th August 1998. After the investigation, a charge-sheet under Section 8(C)/15/18 of NDPS Act was submitted against the accused. When the trial commenced and prosecution opened it s case, charge for the offence punishable under Section 18 of NDPS Act was framed against the accused Gyan Dass, to which he pleaded not guilty and claimed trial.
(3.) Pw1 Head Constable Satyaveer Singh, PW2 S.I. Ganga Ram and PW3 Kamran were examined on behalf of the prosecution. Incriminating evidence was put to the accused under Section 313 of Cr.P.C., in reply to which he said that he was falsely implicated in the case. Genuineness of documents on record was admitted by the accused. No evidence was adduced in defence. After considering the evidence on record, learned Addl. Sessions Judge, Kashipur convicted the accused-appellant Gyan Dass under Section 18 of NDPS Act and sentenced him to undergo rigorous imprisonment for 10 years alongwith a fine of Rs. 1,00,000/-, vide impugned judgment and order dated 18.08.2001. Aggrieved against said judgment and order, present criminal appeal was preferred by the convict-appellant.;

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