TARA DUTT Vs. STATE OF UTTARANCHAL
HIGH COURT OF UTTARAKHAND
STATE OF UTTARANCHAL
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(1.) PW1 S.I. Mahesh Chandra Srivastava of police
station Ramnagar lodged an FIR against the accused (in the
name of Harish Chandra, which name was subsequently
found to be fake) on 24.03.1999, at 02:45 A.M., in police
station Ramnagar, in connection with offence punishable
under Section 18/20 of Narcotic Drugs and Psychotropic
Substances Act, 1985 (hereinafter referred to as NDPS Act).
After the investigation, a charge-sheet was submitted
against the accused in respect of selfsame offence. Six
kilogram of ganja was found to be in possession of accused.
Consequently, when the accused was tried and charge for
the offence punishable under Section 20 of NDPS Act was
framed against him, he pleaded not guilty to the charge and
claimed trial. Charge was framed against the accused on
(2.) PW1 S.I. Mahesh Chandra Srivastava, PW2
Constable Rajpal Singh and PW3 S.I. Shiv Singh Gusain
(I.O.) 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. No evidence was given in
defence. After considering the evidence on record, learned
Addl. Sessions Judge / I F.T.C., Nainital, vide impugned
judgment and order dated 28.10.2002, convicted the
accused for the offence punishable under Section 20 of
NDPS Act. He was directed to undergo rigorous
imprisonment for two years alongwith a fine of Rs. 10,000/,
in default of payment of which, he was required to undergo
six months' further imprisonment. Aggrieved against the
impugned judgment and order dated 28.10.2002, present
criminal appeal was preferred.
(3.) PW1 S.I. Mahesh Chandra Srivastava, in his
examination-in-chief, said that he, alongwith other police
personnel, proceeded for patrolling duty on 24.03.1999, at
00:10 hours. PW1 alongwith others reached at Ranikhet
road where they found two persons standing near an
English Wine Shop. PW1 became suspicious. PW1
apprehended them at 00:45 hours. One of the persons
disclosed his name as Harish Chandra, son of Urba Singh.
He admitted that he was having ganja in his possession.
PW1 offered search by a Gazetted Officer or a Magistrate.
Accused declined the offer and wanted PW1 to search him.
A bag containing six kilogram of ganja was recovered from
the possession of accused Harish Chandra. Harish Chandra
was taken into custody. 135 gms. of ganja was taken out as
representative sample. The rest was sealed under specimen
of seal. Recovery memo (Ext. Ka-1) was prepared, which
was signed by the accused and the witnesses. A copy of
Ext. Ka-1 was given to the accused. The accused was taken
to the police station alongwith the case property, and the
case was registered against the accused. PW1 proved chik
FIR (Ext. Ka-2), and entry of the same in G.D. (Ext. Ka-3).
The contraband was presented before the trial court as Mat.
Ext. 1 alongwith bag Mat. Ext. 2. In the cross-examination,
PW1 said that he alongwith other police personnel started
from the police station at 00:10 hours. They went on foot.
The place of incident was approximately at a distance of
500 meters from the police station. There were shops and
residential houses in the vicinity of the place of incident.
The weight of the contraband was mentioned on the basis of
guesswork. The Investigating Officer took statement of the
accused on 30.03.1999. A copy of the recovery memo was
given to the accused. Accused did not carry the same to the
police station. Since the accused was arrested
instantaneously, therefore, the police personnel did not give
their search to the accused. The information regarding
seizure of contraband was given to the superior officer on
R.T. set. Nothing came in the cross-examination of PW1 to
suspect his testimony. Although no independent witness
was procured and examined, yet the fact remains that the
accused was arrested in the dead of night, when the
possibility of procuring a public witness was a remote
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