DHARAM VEER, J. - (1.) THIS appeal, pre­ferred by the appellant under section 374(2) of The Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.), is directed against the judgment and order dated 30.3.1995 passed by Additional Sessions Judge, Dehradun in Special S.T. Nos. 3/1994, State v. Gulshan Dhingra, whereby the learned Additional Sessions Judge con­victed the accused/appellant under section 8/20 of The Narcotic Drugs and Psy-chotropic Substances. Act, 1985 (hereinafter to be referred as the Act) and sentenced him to undergo rigorous imprisonment for a period of ten years with a fine of Rs. One Lac and in default of payment of fine, the ac­cused/appellant shall further undergo sim­ple imprisonment for two years.
(2.) HEARD learned Counsel for the parties and perused the entire material available on record. In brief, the prosecution case is that on 2.2.1993 S.I/in-charge R.K. Kannojia accompanied by Head Constable Rajendra Prasad, Constable Rajendra Prasad and Constable Bhanwar Singh were busy in patrolling duty. When they reached at As-tley Hall Tiraha then the informant (MUKHBIR) informed them that one per­son named Gulshan having illegal CHARAS in his possession is standing in the Children Park. Relying on this infor­mation, the police party tried to procure the public witnesses but all in vain. Then the police party took their own search by each other and when nothing illegal was found then on the pointing out of the informant, the police party at 04:50 PM apprehended the accused/appellant at Children Park. On being asked; the accused/appellant dis­closed his name as Gulshan Dhingra. He was asked to give the search before City Magistrate or C.O. City. On this the ac­cused said that he has full confidence in them and requested them to conduct his search. Then the S.I. R.K. Kannojia made search of the accused and from right side pocket of the accused, a polythene packet of green colour which contained material weighing 30 Cms., was found. The said material was smelled which thrown the smell of CHARAS. The packet of CHARAS was sealed on the same polythene and the specimen of seal (Namoona Mohar) was taken. With the above-said averments, FARD (Ext.Ka-1) was prepared by H.C. Rajendra Prasad Sharma on the dictation of SI/IC R.K. Kannojia. On the basis of FARD (Ext.K. 1, S.I. R.K. Kannojia lodged the F.I.R. at Police Station Kotwali, Dehadun on 2.2.1993 at 06:15 PM and the Chik F.I.R. (Ext.Ka-2) was prepared by Constable Ra­jendra Singh. Necessary entries were also made in the G.D., carbon copy of which is Ext.Ka-5. The investigation of this case was entrusted to SHO Ashok Kumar Gautam, who during the course of investigation, recorded the statements of the witnesses and prepared the site-plan of the place of occurrence, which is Ext. Ka-5. The recov­ered article was sent to the chemical exam­iner who reported on 13.8.1993 that the material examined is CHARAS. The reports of chemical examiner are Ext. Ka-3 and Ka-4. On completion of the investigation, the charge-sheet was submitted by the I.O., which is Ext. Ka-7.
(3.) ON 5.12.1994, learned Additional Sessions Judge, Dehradun framed the charge of offence punishable under section 8/20 of the Act. The charge was read over and explained to the accused/appellant, who pleaded not guilty and claimed to be tried.;