- (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 6.4.1994 passed by Special Judge (Ses­sions Judge), Pauri Garhwal in Sessions Trial No. 25 of 1993, State v. Lallu Singh, whereby the learned Special Judge has convicted the appellant/accused under Section 20 of The Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'the Act') and sentenced him to un­dergo rigorous imprisonment for a period of three and half years along with fine of Rs. 10,000/- and in case of default in the payment of fine, further six months' R.I. was awarded to the appellant/accused.
(2.) HEARD Sri Asif Ali learned Amicus Curiae for the appellant as well as Sri M.A. Khan, learned Brief Holder for the State and perused the entire material available on record. In brief, the prosecution case is that on 8.9.1992 at about 9 PM, police recov­ered around 10 kilograms bhang from the room of the appellant/accused which was kept in two plastic bags inside a kit but the license for keeping the same was not produced by the appellant/accused to the police. Thereafter fard recovery memo Ex. Ka-1 was prepared on the spot, on the basis of which an FIR was lodged by S.I. Rukan Singh (PW-2) at P.S. Kotwali, Pauri at 10 PM on 8.9.1992. Chick FIR Ex. Ka-4 was prepared by Head Moharrir Indra Singh Bisht. Necessary entries were made in the GD. Copy of the GD is Ex. Ka-5. Investigation of this case was ini­tially entrusted to S.I. Dhan Singh (PW-4). Later on, the investigation of this case was transferred to S.I. Sarop Singh Tyagi (PW-3).
(3.) SUPERINTENDENT of Police, Pauri Garhwal, being the appointing authority of the appellant/accused, granted the permis­sion to prosecute the appellant/accused vide his order dated 31.5.1993, Ex. Ka-2. During the course of investigation, the I.O. inspected the site and prepared the site plan Ex.' Ka-6.90 gram bhang were sent for chemical examination to Foren­sic Lab, Agra. Report of the Forensic Lab, Agra is Ex. Ka-7. The I.O. also recorded the statement of the witnesses during the course of investigation and after complet­ing the investigation, a chargesheet Ex. Ka-3 under Section 20/22 of the Act was filed against the appellant/accused.;