COURT NO.3

Criminal Jail Appeal No.703 of 2001

(Old No. 2860/1999)

Dev Ram alias Chintu______________________

_Appellant

Versus

State_____________________________________________Respondent

Hon’ble Irshad Hussain J.

The appellant was tried in the court of II Additional Sessions Judge,

Nainital in Special trial no.131 of 1996 on the allegations that on 26.2.1996

at 6.00 P.M. at the crossing near mosque in the town of Tanakpur, he was

carrying with him 750 grams of Charas and thereby he committed an offence

punishable under section 8©/20 of the Narcotic Drugs and Psychotropic

Substances Act, 1985, (for the short-N. D. P. S. Act).

Briefly stated the prosecution case is that on 26.2.1996 Sub Inspector

J.K.Gangwar (P.W.3) alongwith constables Mangalsen (P.W.1) and Tej

Singh (P.W.2) left the police station Tanakpur on patrol duty at about 4.20

p.m. When the police party reached the crossing near mosque a man coming

from the side of the crossing was seen. On seeing the police party, he tried to

escape. This aroused suspicion in the mind of the sub-inspector and other

members of the policy party. They intercepted that man near the crossing at

6.00