STATE OF UTTARAKHAND Vs. AKASH TYAGI AND ORS.

JUDGEMENT

(1.) This Government Appeal is directed against the judgment and order dated 09.08.2004, passed by learned Additional Sessions Judge/IVth Fast Track Court, Haridwar in Sessions Trial No. 107 of 2003, 'State Vs. Akash Tyagi and two others', whereby learned trial court acquitted the respondents-accused persons from the offence under Sections 193, 195 and 120B of I.P.C. and Section 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 11.05.2003, Sub-Inspector Rohtash Singh, Constable Roop Singh and Constable Surendra Singh were on patrolling duty. They reached to the shop of Chaupali Ramdayal Namkeen at about 16:00 hrs. The respondent nos. 1 and 2 met police party and told that they had informed earlier about selling the drugs. They informed the police party that Doda Powder and intoxicating injections will be available at the shop of Gulsanawar. The Circle Officer was informed. On the way, they tried to associate public witnesses in the raiding party, but none joined. The police party with the respondent nos. 1 and 2 went towards Sher Singh Rana Chauk. At that time, one person entered Gulsanawar's shop, carrying a plastic bag in his right hand and went back keeping the said bag in the shop. The police party reached Gulsanawar's shop. Gulsanawar told that the bag was kept by Vipin Jain, the respondent no. 3. Meanwhile, other shopkeepers came there. On checking the said bag, 4 needle, 4 disposal syringe, 12 injections from two packet, 30 packet Doda Post (opium powder) and 150 grams Charas were found. The people present there had told that the dispute of a house was going on between respondent no. 2 and Gulsanawar, and that bag was kept by the respondent no. 2 to trap Gulsanawar and the respondent no. 1 and respondent no. 3 were also involved in that conspiracy. The respondent no. 1 was strictly inquired. He confessed. The recovered contraband were sealed. A memo, Ext. Ka-1, was prepared. An F.I.R. Ext. Ka-2, was lodged against the respondents. The recovered articles were sent to the Forensic Science Laboratory, Uttar Pradesh, Agra for chemical analysis. On chemical analysis, the identity of the said articles have been established as, Charas and Opium powder. After completion of investigation, the respondents-accused persons were charge-sheeted.

(3.) The charges were framed under Sections 193, 195, 120-B of I.P.C. and Section 18/20 of the Act, 1985. The accused persons denied the charges and claimed to be tried.