JUDGMENT

R.C. Khulbe, J. - The present criminal appeal is directed against the judgment and order dated 10.11.2006 passed by the learned Special Session Judge, Pithoragarh in S.S.T. No.04 of 2003, State Vs. Surendra Kumar Sharma, whereby the learned Trial Court convicted the appellant u/s 20 of the N.D.P.S. Act and sentenced him to undergo three and half years' R.I. with fine of Rs.10,000/- in default of payment of fine he was sentenced to undergo six months' additional imprisonment.

2. Brief facts of the case are that, on 14.11.2002, when S.H.O. B.L. Rawat along with Sudhir Kumar Singh, Constable Rajpal Singh and Constable Govind Ballabh were on patrolling duty, the informer informed them that the accused is coming from village Kusauli and he is carrying charas. Accordingly, the police party apprehended the appellant and 250 gram charas was recovered from the bag which was being carried by the accused. Accordingly, on the basis of the said recovery, recovery memo Ex.Ka-1 was prepared at the spot. On the basis of recovery memo, a Chick FIR Ex.Ka-2 was lodged at the police station Kotwali Pithoragarh on 14.11.2002 at 18:40 hours. GD Ex.Ka-3, Site map Ex-Ka-4 was also prepared. Samples