Decided on July 30,2013

Devi Dutt Tiwari Appellant


- (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' s 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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