RAMESH NATH Vs. STATE OF UTTARAKHAND
HIGH COURT OF UTTARAKHAND
STATE OF UTTARAKHAND
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(1.) Pw1 Yashpal Singh Rana lodged an FIR on 29.11.2005, at 06:10 P.M., in police station Kotwali, Champawat against accused-appellant Ramesh Nath and others in respect of offence punishable under Section 18/20 of Narcotic Drugs and Psychotropic Substances Act, 1985. Although cases under different crime numbers were registered against other accused persons, whose names are mentioned in the column indicating accused persons in the FIR, but since the criminal appeal is filed only on behalf of Ramesh Nath, therefore, this Court would be dealing only with the case of accused-appellant Ramesh Nath. After the investigation of the case, a charge-sheet under Section 18/20 of NDPS Act was filed against the accusedappellant. Charge under Section 8/20 of NDPS Act was framed against the accused by learned Special Sessions Judge, Champawat. Accused pleaded not guilty to the charge and claimed trial. PW1 Yashpal Singh Rana, PW2 Constable Keshav Ram, PW3 Lance Naik Bhupendra Singh, PW4 Head Moharir Gopal Ram, PW5 S.I. Harish Chandra Joshi and PW6 Constable Rajendra Singh were examined on behalf of the prosecution. Incriminating evidence under Section 313 of Cr.P.C. was put to the accused, in which he said that he was falsely implicated in the case. After considering the evidence on record, accused was convicted under Section 8/20(ii)(C) of NDPS Act and was sentenced to undergo rigorous imprisonment for ten years alongwith a fine of Rs. 1,00,000/-, vide impugned judgment and order dated 25.04.2008. Aggrieved against said judgment and order, present criminal appeal was preferred.
(2.) Charas was allegedly recovered from the possession of the accused-appellant on 29.11.2005, at 01:15 P.M. and the FIR was lodged on the selfsame day at 06:10 P.M. The distance between the place of recovery and the police station concerned was 32 kilometers. There appears to be no delay in lodging the FIR.
(3.) Pw1 Yashpal Singh Rana, Asstt. Commandant, S.S.B., supported the prosecution story.
In his examination-in-chief, PW1 said that he was posted as Inspector, S.S.B. in Champawat on 29.11.2005. On that day, he was on patrol duty alongwith his subordinate constables. An informer told PW1 that three sadhus, who purchased charas from the villagers, were coming from Khokhia. When PW1 alongwith his subordinates reached Khokhia Manch, he saw sadhus coming from there. Sadhus came. PW1 enquired from them whether they were in possession of charas Sadhus replied in the affirmative. PW1 offered to get them searched before a Gazetted officer.
Accused persons told PW1 to take their search. PW1 and his subordinates searched each other, to negate the possibility of narcotic substances in their possession.
Thereafter, a search of sadhus was made. Ramesh Nath, who was resident of Jind, Haryana was found in possession of one kilogram of charas. 50 gms. of charas was taken out as specimen to be sent for chemical analysis. Charas was kept in a container by accused Ramesh Nath. Accused persons could not produce the license to keep the same. Accused persons were taken into custody at 01.15 P.M. Charas, thus, recovered from the possession of accused-appellant was sealed. A recovery memo was prepared, copy of which was given to the accused. The recovery memo contained the signatures of the prosecution witnesses.
Charas, thus recovered from the possession of accusedappellant, was opened in the court and was exhibited.
On the basis of recovery memo, an FIR was registered against the accused-appellant. The Investigating Officer prepared site plan on the pointing of PW1. The statements under Section 161 of Cr.P.C. were also taken by the Investigating Officer.;
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