Decided on May 27,2013

Chotu Bihari Appellant


- (1.) This is an appeal against the judgment and order dated 27.07.2010 passed by Additional Sessions Judge / Special Judge, [N.D.P.S. Act], in Special Sessions Trial No. 30 of 2009, whereby appellant was found guilty for the offence punishable under Section 8/20 of the N.D.P.S. Act and was sentenced rigorous imprisonment for a period of ten years and to pay fine of Rs.1 lac, and in default of making payment of fine, to undergo additional simple imprisonment of one year.
(2.) Brief facts of the present case, inter alia, are that on 15/02/2009, S.H.O. Amarjeet Singh PW3 alongwith S.I. Kundan Singh Rana PW1 and other police personnel left Thana vide G.D. No. 23 at 1:30 p.m. for law and order duty; police party could see one person, carrying bag on his head, was coming towards Ganga Rivera Hotel; having seen the police party that person started walking fast; on being suspicion, he was asked to stop, however, he did not stop; however, he was apprehended at about 5:10 p.m. near the plot of Subhash; he was asked as to why he started running, on this, he disclosed to the police party that he was carrying Ganja and was going to sell the same; police party told him if he wish he could be searched in the presence of the Gazetted Officer/Magistrate; on this, police party was told since, he was carrying Charas, therefore, police party could search him; on being asked, he has disclosed his identity as Chotu Bihari S/o Gopal Das, resident of Goal Vidhya, Thana Kotwali Sukhinadi, District Gaya (Bihar), presently resident of Thokar No.10, Kotwali Haridwar; consent memo was prepared; bag was opened and police person could find 20 kgs Ganga in the packet kept in the bag, being carried by the appellant on his head; after completion of all the formalities, contraband so recovered alongwith; appellant was brought to Thana and, thereafter, chick F.I.R. was got registered at 7:30 p.m. on 15.02.2009.
(3.) Investigation was handed over to Pradeep Chauhan PW4. Having investigated the matter, chargesheet was submitted against the appellant for the offence punishable under Section 8/20 N.D.P.S. Act. Appellant denied the charges and claimed trial.;

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