- (1.) G. S. N. Tripathi, J. Special Judge (Sessions Judge), Almora in S. T. No. 1 of 1993, State v. Begnis Lionel, convicted the accused under Section 20 (b) (ii) of NDPS Act, 1985 and sentenced him to undergo ten years' R. I. and to pay a fine of rupees one lac. On failure to pay the fine, further one year's R. I. was provided.
(2.) THE prosecution case, in brief, stated on the basis of recovery memo in the shape of F. I. R. lodged by Sri R. K. Joshi (PW 4) S. P. Narcotics Bureau, New Delhi at Police Station Kotwali, Almora on 19-10-1992 at 20. 15 p. m. , after covering a distance of eight kilometres. Sri Joahi has alleged that on that day he had come from Delhi in connection with the destruction of illicit cannibis plants launched by his department. THE accused, a foreigner, was found in occupation of a room rented out to him. From the search of his room 47 gms. of Charas was recovered. THE articles were sealed on the spot. A memo was prepared. THE accused refused to take any personal search of the recovery party and in fact admitted the guilt; Mr. Jasbir Chand took (sic) to Police Station alongwith the goods sealed OR the spot and recovery memo, in the shape of Panchayatnama and other documents. THE accused was brought to the Police Station and lodged in jail in due course. After usual investigation the charge-sheet was laid by the police. The prosecution examined Dham Singh Jithani (PW 1 ). He was Naib Tahsildar in the Revenue Department. He was instructed by S. D. M. to help the party of Narcotic Officer, who had come for destruction of illicit cannibis. He, accordingly, joined them. Near the house of Ranjeet Singh one foreigner (accused) was found in intoxicated state. Sri R. K. Joshi (PW 4) talked to him. He said that he was a habitual user of Charas and he had kept some Charas stored in his room also. The search was taken in his presence and recovery effected. A memo was prepared. He is witness to that.
(3.) MOHAN Singh (PW 2), the brother of the landlord, Ranjeet Singh has said that he was alongwith the party of Narcotic Officer. The accused resided in the house of his brother Ranjeet Singh. The house in fact belonged to his father. The party of the Narcotic Officers took him to the Police Station alongwith the accused. There the document was prepared. He wag declared hostile by the prosecutor and cross- examined. R. K. Joshi (PW 4), Superintendent, Narcotics Department, New Delhi has narrated the story as stated in the F. I. R. He has deposed that 47 gms. of Charas was recovered by him at the behest of the accused. Some pieces were sent to the Chemical Examiner and report in positive was received. The documents were proved by him.;