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TMI Blog2018 (10) TMI 1709X X X X Extracts X X X X X X X X Extracts X X X X ..... .P. Singh Parihar concerning police station Puranpur, district Pilibhit lodged written report on the basis of arrest and recovery of appellant Vijay Pandey on 22.01.2006 at 8.45 A.M., which contained description that the informant S. I. Sri J.P. Singh Parihar along with Constable Prahalad Singh were busy in search of wanted offenders and were present at the RailwayCrossing on Sherpur Road on 22.12.2006, when they received information through informer at about 6.10 A.M. that Vijay Pandey of Shahukara Linepar is about to move somewhere, is possessing 10 kg. of 'doda' and he can be apprehended, if quick action is taken. InformantS. I. J.P. Singh Pariharacted on the tip off information and tried to avail public witnesses, but no one was ready to be a witness. Therefore, the informant along with the police constable and the informer reached to the house of the accused Vijay Pandey where informer pointed out towards the house and went away. No sooner than the informant and the constable reached near the house, when a man holding white plastic sack in his right hand came out of the house and after sighting the police, turned to the left side of the house and tried to run away from ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n out from the recovered substance by the Circle Officer and was conveyed over to the Forensic Science Laboratory at Agra for examination by Constable Shamsher Ahmad. The Chemical Examination Report was obtained and after completing the investigation, chargesheet Exhibit Ka5 was filed against the accused. The Chemical Examination Report confirmed the recovered substance to be 'Doda Powder'. The Investigating Officer has also proved the entry made by the concerned Constable in the Check FIR and the General Diary, whereby case was registered against the accused. He has also proved relevant papers Exhibit Ka7 to 10 etc. The accused was charged under Section 8/15 N.D.P.S. Act for possessing illicit contraband 10 kgs. doda powder. The accused denied the charge and claimed to be tried. The prosecution to prove its case examined P.W.1 S.I. J.P. Sigh Parihar. He is the informant of this case. P.W.2 is Constable Shamsher Ahmad. P.W.3 Constable Prahalad Singh is a witness of fact, who accompanied the informant on 22.12.2006 and effectuated recovery from the accused. P.W.4 is S.I. Afsar Khan, who is the Investigating Officer of this case. He has prepared the site plant, Exhibit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... me. It was his third offence, which shows that he is a habitual offender of transporting of narcoticdrugs. He further submits that all the mandatory provisions prescribed in the N.D.P.S. Act have been complied with in totality. He added that recovered substance was rightly recovered and sample of the same was taken and sent for chemical examination, whereupon, it was found to be 'doda power' weighing 10 kg.which was infact recovered from the possession of the accused. He further submits that sentencing was done accordingly to the provisions of N.D.P.S. Act and the trial court has rightly recorded punishment for 15 years to the appellant by virtue of mandate contained under Section 31 of the N.D.P.S. Act. Lastly, he added that the prosecution has succeeded in proving the charge against the appellant beyond all reasonable doubts, as the prosecution witnesses have consistently supported the prosecution case as spelt out in the first information report, which stands further corroborated by the report of the Forensic Science Laboratory, Agra, which confirmed the recovered substance to be 'doda powder'. Also considered the rival submissions. The moot point that arises ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hed, 21/ 2 kg. of substance/doda was found in two green packets. These were opened, then doda was suspected, one yellow polythene 1 kg doda was also recovered and in two separate yellow polythene packets weighing 2 kg each were found. The total substance/doda weighed 10 kg. This act being an offence under Section18/ 20 N.D.P.S. Act. Reason for arrest was told by the police to the accused and he was arrested and the recovered material was again placed inside the sack and the sack was sealed and recovery memo was prepared on the spot and copy whereof was handed over to the accused and it was signed by S.I. J.P. Singh Parihar, Constable Prahlad Singh and also endorsed by accusedVijay Pandey. The case was investigated by P.W.4S. I. Afsar Khan, who inspected the spot, besides recording statements of various witnesses and after obtaining chemical examination report of the samples sent for examination, he filed chargesheetExt. Ka5 against the accused. He also has prepared the site planExt. Ka4. To prove the case, the prosecution produced witnesses of fact PW1 S.I. Sri J.P. Singh Parihar and PW3 Constable Prahlad Singh. Both witnesses of facts have been cross examined on vital aspects ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nesses of factJ. P. Singh Parihar P.W.1 and Constable Prahlad Singh PW3 have been cross examined on this point and they have testified that prior to search, they had made search inter se, therefore, mere non mention of fact of inter se search would not render the search illegal or fatal. In so far as sampling of the recovered substance is concerned, obviously it has emerged in the testimony of the investigating officer S.I. Afsar KhanPW4 that the sampling was done by the Circle Officer and the substance was then sealed by the seal of the circle officer himself, therefore, sampling process cannot be doubted that way. So far as, fact of safe conveyance of the sample to the Forensic Science Laboratory is concerned, that very aspect, has been satisfactorily proved by Constable Shamsher Ahmad PW2. He has categorically stated that he obtained the sample from the police station and took the same to the Forensic Science Laboratory, Agra and entry of the same was noted in the General Diary of date 14.01.2007 at Serial No.16 at 8:20 hours. Similarly, the entry of return journey was also noted in the concerned General Diary at Serial No.29 of date 17.01.2007 at 2:50 p.m. He has categorica ..... X X X X Extracts X X X X X X X X Extracts X X X X
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