DEVI DUTT TIWARI Vs. STATE OF UTTARAKHAND
HIGH COURT OF UTTARAKHAND
Devi Dutt Tiwari
STATE OF UTTARAKHAND
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(1.) PW1 S.O. Chandra Singh Bisht, police
station, Kapkot set the criminal law into motion by
lodging an FIR on 07.11.2007 against accusedappellant Devi Dutt Tiwari for the offence punishable
under Section 8/20 of the Narcotic Drugs and
Psychotropic Substances Act, 1985 (hereinafter referred
to as NDPS Act). The incident took place on
07.11.2007, at 05:15 P.M., and the FIR was lodged on
the selfsame day at 07:05 P.M. After the investigation,
a charge-sheet for the offence punishable under Section
8/20 of NDPS Act was submitted against the accused.
When the trial commenced and prosecution opened it'
case before Special Sessions Judge, Bageshwar, charge
for the offence punishable under Section 8/20 of NDPS
Act was submitted against the accused, to which he
pleaded not guilty and claimed trial.
(2.) PW1 S.O. Chandra Singh Bisht, PW2 S.I.
Manish Upadhyaya, PW3 Brijesh Kothari, PW4
Constable Jagdish Prasad and PW5 S.I. Pritam Singh
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. He further stated
that no contraband was recovered from his possession.
No evidence was given in defence. After considering
the evidence on record, accused-appellant Devi Dutt
Tiwari was convicted of the offence punishable under
Section 20 of NDPS Act. He was directed to undergo
rigorous imprisonment for 10 years alongwith a fine of
Rs. 1,00,000/-, in default of payment of which, the
convict was required to undergo further simple
imprisonment for 21/2 years, vide impugned judgment
and order dated 17.10.2008. Aggrieved against the
impugned judgment and order, present criminal jail
appeal was preferred by the convict-appellant.
(3.) Prosecution led the evidence through PW1
S.O. Chandra Singh Bisht, who, in his examination-inchief said that on 07.11.2007, he was posted as Station
Officer in police station, Kapkot. On that day, he
alongwith other police personnel, went towards Pul
Bazar. When he reached near Saran trisection, in the
course of patrolling, he found a man carrying blue bag
on his shoulder. On looking at the police party, accused
tried to run away, but was apprehended. He disclosed
his name as Devi Dutt, s/o Bachhi Ram, r/o Ranikhet,
Almora, presently residing at Panchkula (Haryana).
PW1 asked the accused as to what was there inside the
bag The accused replied that there was charas in the
bag. He also said that the cannabis was purchased by
him from a village. He further confessed that he was
taking the cannabis for sale in Haryana. Accused could
not place the license to keep the same.;
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