Criminal Appeal No. 1631 of 2001, (Old No. 124/1996). Case: Rajendra Singh Vs State of Uttar Pradesh. Uttarakhand High Court

Case NumberCriminal Appeal No. 1631 of 2001, (Old No. 124/1996)
JudgesDharam Veer, J.
IssueCode of Criminal Procedure, 1973 (as amended by Act No.25 of 2005 & Act No.2 of 2006 - Section 374(2); Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 15, 20, 55, 57
Judgement DateAugust 17, 2009
CourtUttarakhand High Court

Judgment:

Dharam Veer, J.

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 21.12.1995 passed by the 1st Additional Sessions Judge, Haridwar in Special Sessions Trial No. 8 of 1995, State v. Rajendra Singh, whereby the learned 1st Additional Sessions Judge has convicted the appellant/accused under Section 15/20 of The Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'the Act') and sentenced him to undergo imprisonment for a period of 10 years along with fine of Rs. 1, 00, 000/- and in case of default in the payment of fine, further one year's imprisonment was awarded to the appellant/accused.

  1. Heard learned Counsel for the parties and perused the entire material available on record.

  2. In brief, the prosecution case is that on 18.12.1993 at 4.25 pm, S.I. Ram Babu Singh, Constable Prahlad Singh and Constable Raghunath Singh started from the police station on patrol duty in Mohalla Ram Nagar, Prem Nagar and Rajendra Nagar. When they were proceeding towards Mohalla Rajendra Nagar and reached at the Litho Press near the Jail Road, one person was seen coming, who suddenly turned back after watching the police party. He did not stop when asked by the police party. Then he was chased and caught hold by the police party at about 5.15 pm at a distance of nearly 60 steps. He disclosed his name as Rajendra Singh i.e. the appellant/accused. On his search, 1 kg doda post contained in a polythene bag was recovered from him. Prior to his search, he was asked to give his search before a Gazetted Officer or a Magistrate. Thereupon, the appellant/accused replied to the police party that he had already been caught and, therefore, he had no objection if the search would be taken by the police party itself. The recovered contraband was sealed in a white clothe and specimen of seal (namoona mohar) was prepared. Recovery memo Ex. Ka-1 was also written on the spot by Constable Prahlad Singh on the dictation of S.I. Ram Babu Singh (PW1). On the basis of that recovery memo, chick FIR Ex. Ka-2 was prepared on the same day i.e. on 18.12.1993 at 7.15 pm by Head Moharrir Vikram Singh. Necessary entries were also made by him in the GD. Copy of the GD is Ex. Ka-3.

  3. Investigation of this case was initially entrusted to S.I. D.P. Singh Chauhan. Lateron investigation was transferred to Station Officer Karan Singh and lastly it was transferred to PW2 S.I. G.B. Pande. During the course of investigation, the I.O. prepared the site plan of the place of occurrence, that site plan is Ex. Ka-4. Report of the Forensic Laboratory, Agra is Ex. Ka-5. During the course of investigation, the I.O. recorded the statements of the witnesses and after completing the investigation, chargesheet Ex. Ka-6 was filed against the appellant/accused.

  4. On 22.6.1995, learned Sessions Judge, Haridwar framed the charge against the appellant/accused for the offence punishable under Section 15/20 of the Act. The charge was read over and explained to the appellant/accused, who pleaded not guilty and claimed to be tried. Lateron the case was transferred to the Additional Sessions Judge, Haridwar on 21.9.1995 for its disposal according to law.

  5. To prove its case, the prosecution has examined PW1 S.I. Ram Babu Singh, the informant of this case and PW2 S.I. G.B. Pande, the I.O. of the case.

  6. Thereafter statement of the appellant/accused was recorded u/s 313 Cr.P.C. The oral and documentary evidence were put to him in question form, who has denied the allegations made against him and in reply to question no. 22, he has stated that he was detained by the police two days prior to the alleged incident and a telegram in this regard was also sent to the Chief Minister. He has also produced the receipts of the post office Ex. Kha-1 and Kha-2 and the certified true copy of the telegram Ex. Kha-3. However, in...

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