- (1.) J. C. S. Rawat, J. This is an appeal against the judgment and order dated 9-11-2004 passed by the learned Additional Sessions Judge/ii Fast Track Court, Udham Singh Nagar in Special Sessions Trial No. 20 of 2003, convicting and sentencing the appellant to 10 years rigorous imprisonment and a fine of Rs. 1,00,000. 00 (one lac) under Section 20/22 of the Narcotic Drugs and Psychotropic Substances Act (for the short N. D. P. S. Act ). It was further directed that in default of payment of fine to further undergo rigorous imprisonment for 3 years.
(2.) BRIEF facts for the disposal of this appeal that the raiding party headed by Harish Mehra, S. H. O. , P. S. Kichha and other police officials were on patrol duty at Pul Bhatta Chowki. The secret informant gave an information that a person has got down near the railway crossing and he had some illegal articles and he is going towards Chowki Pul Bhatta. Thereafter the police raiding party immediately proceeded towards the place of incident. When they reached near the Pul Bhatta the informer pointed out the appellant to the raiding party. Thereafter the head of the raiding party Harish Mehra, the Incharge of P. S. Kichha approached towards the appellant and disclosed their identity to the appellant and he was apprehended by the raiding party and he stated to the raiding party that he was carrying the CHARAS, a narcotic substance with him. After he was apprehended the appellant was informed that if he so desire he could be searched in presence of a Gazetted Officer or be taken to the nearest Magistrate. The appellant declined to be searched in presence of the Magistrate or a Gazetted Officer and agreed to be searched by the police raiding party. A written consent was obtained by the raiding party, signed by the appellant which is Ext. Ka-1. The appellant was searched and it was found from his person that he was having 9 slabs of CHARAS weighing 2-1/2 Kg. When the police party satisfied that it was a CHARAS, they took 10 grams from each slab and the substance was sealed on the spot and a Fard (Ext. Ka-2) was prepared at the spot and the accused appellant alongwith the raiding party taken to the police station where the report was lodged by the Incharge S. O. Harish Mehra and the said contraband was handed over to the A. S. I. Ram Singh who was haying the charge of Malkhana at the relevant time. Thereafter the investigation was conducted by the S. I. Ummed Singh posted in Kichha police station which culminated into the submission of the charge-sheet against the present appellant. The appellant was charged under Section 20/22 of N. D. P. S. Act. He denied the charge and claimed the trial. The prosecution, in support of its case, has examined head constable Dev Ram Tamta who was a member of raiding party. The prosecution also examined Harish Mehra. Incharge of the police station Kichha as P. W. 2 who was heading the raiding party at the time of the arrest and the recovery of the contraband. PW 3 A. S. I. Ram Singh was examined before the Court who had recorded the FIR and who also kept the contraband in his possession and he also handed over the sample of the contraband to constable Bahadur Singh to carry it to the Court and from the Court to Public Analyst. Agra. He also proved the General Diary by which the case was registered against the appellant. PW 4 constable Bahadur Singh was examined by the prosecution to state that the was posted in Kichha Police Station and he took the sample of the contraband and the sample of the seal to the Court of Session Judge, Udham Singh Nagar from where he took the letter alongwith the contraband for the chemical examiner and he handed over it to the chemical examiner. Agra 28-11-2002 and he also handed over the said contraband alongwith the other documents to the Chemical Examiner. PW 5 S. I. Ummed Singh was examined before the trial Court who had submitted the charge-sheet before the trial Court and he made the investigation of the case.
(3.) IN the statement recorded under Section 313 Cr. P. C. the appellant denied the prosecution case and stated that he has been falsely implicated in this case. I have heard the learned Counsel for the parties and perused the entries evidence on record.;