STATE OF UTTARAKHAND Vs. RAJBIR

JUDGEMENT

(1.) This Government appeal is directed against the judgment and order dtd. 20/5/2006, passed by learned Additional Sessions Judge/IVth F.T.C., Haridwar in Special Sessions Trial No. 66 of 2004, "State Of Haryana v. Rajbir, whereby the learned trial court acquitted the respondent-accused from the offence under Sec. 18/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as, "Act, 1985").

(2.) Briefly stated the prosecution story as it emerges from re-appreciation of the evidence on record is that on 25/9/2004, PW-2 Sub-Inspector Rajesh Chandra Sharma was present at Police Chowki Jagjeetpur. He received an information from his secret informant that two persons would come from Haryana to go by bus from Singhdwar and they had charas. This information was reduced to writing in the General Diary. He along with Constable Om Pal Singh, Constable Shiv Kumar and the informant left for the spot. The members of the raiding party searched each other at the Police Chowki. On the way, they tried to associate public witnesses in the raiding party, but none joined. An attempt was made to inform these facts to the Sub Divisional Magistrate and the Circle Officer, City, but, they could not be contacted. They reached Jagjeetpur in front of a Petrol Pump. At around 6 : 30 p.m., two persons were seen coming from Pherupur carrying bags. The informant identified them. At that time, the appellant-accused was coming carrying a bag of white cloth in his right hand. He was stopped by the raiding party. He was enquired of his name and address. He disclosed his name and address. On checking the said bag, half kilogram charas was found. After the said recovery, an option was given to him for being searched in the presence of either a Gazetted Officer or a Magistrate. He declined the offer. He was arrested after informing him the reason of his arrest. A sample of the said contraband was separated. The sample and the remaining quantity were separated sealed. A fard (memo), Ext. Ka-1, was prepared in the light of torch. A large number of people were present there, but none was ready to give evidence. An F.I.R., Ext. Ka-6, was registered at 20 : 30 on 25/9/2004. The sample of 20.5 gm was sent to the Forensic Science Laboratory, Uttar Pradeh, Lucknow for chemical analysis. On chemical analysis, the identity of the said article has been established as, charas. After completion of investigation, the appellant-accused was charge-sheeted.

(3.) The charge was framed under Sec. 18/20 of the Act, 1985. The appellant-accused denied the charge and claimed to be tried.