- (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 29.4.1994 passed by Special Sessions Judge, Chamoli in Special Trial No. 3/92, State v. Bhopal Singh alias Brij Behari, whereby the learned Special Sessions 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 ten years along with fine of Rs. 1,00,000/- and in case of default in the payment of fine, the appellant/accused was directed to further undergo R.I. for a period of one year. While giving benefit of Section 27 of the Act, the appellant/ac­cused has been sentenced to R.I. for six months for possession of Ganja. It was also directed that both the sentences shall run concurrently.
(2.) HEARD learned Counsel for the par­ties and perused the entire material avail­able on record. The prosecution case, in brief, is that on 28.9.1992 at about 6.05 AM, when S.I. Jaspal Singh Panwar (PW1) and Constable Sewa Ram (PW2) were pa­trolling on Gwaldam Garud on motor road being on law and order duty, they received information through the informer (mukhbir) that one person having illegal Charas and Ganja was waiting near Dhobi Ghat Gadhera for bus to go to Almora. On this, they tried to procure public wit­nesses but no public witness could be available. They searched each other and assured themselves that they were not hav­ing any illicit articles. Thereafter along with the informer, they proceeded towards Dhobi Ghat Gadhera and 15 steps before the spot, the informer pointed out -the accused. After that the informer left the place. At about 9 AM, the accused was arrested who told his name as Bhopal Singh @ Brij Behari. Thereafter appellant/accused was searched and about 1/2 kg of Ganja and about 40 gm Charas were recovered from his possession, which were kept in a polythene inside a red colour bag hanging with his left shoulder. 25 gm Ganja were taken as sample in a separate packet for chemical analysis and rest were sealed separately in another packet. In the same manner, 25 gm Charas was taken as sample in a separate packet for the chemical analysis and rest were sealed in another, packet. Sample of seal was also prepared. Fard of recovery Ex. Ka-1 was also prepared at the spot. On the basis of the fard Ex. Ka-1, chick FIR Ex. Ka-3 was prepared by PW2 Constable Sewa Ram at 12.05 PM on the same day i.e. on 28.9.1992 at Police Post Tharali and vide G.D. report no. 8, he registered a case against the appellant/accused, carbon copy of which is Ex. Ka-4. Thereafter po­lice party along with the appellant/accused went to P.S. Karnprayag, where they filed all the papers vide G.D. report no. 22, carbon copy of which is Ex. Ka-5.
(3.) THE investigation of this case was taken by Tara Dutt Pant (PW3), the In­spector In-charge of P.S. Karnprayag, who recorded the statement of the wit­nesses during the course of investigation and after inspecting the spot, prepared the site place Ex. Ka-6. Samples of the recov­ered articles were sent for chemical analysis on 7.10.1992 and report of the chemical examiner dated 1.12.1992 Ex. Ka-8 was received. After completing the investiga­tion, the I.O. filed the chargesheet Ex. Ka-7 against the appellant/accused.;