STATE OF UTTARAKHAND Vs. SUNILDAS

JUDGEMENT

(1.) These two Government Appeals are directed against a common judgment dtd. 9/1/2020, passed by the learned District and Sessions Judge/Special Sessions Judge, Pauri Garhwal in Special Sessions Trial No.1 of 2019, 'State vs. Sunildas', and, in Special Sessions Trial No.2 of 2019, 'State vs. Shambhudas', whereby, the learned trial court has acquitted the respondents-accused persons from the charge of Sec. 8 read with Sec. 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as, 'the Act,1985'). These two Government Appeals are being decided by this common judgment.

(2.) Briefly stated the prosecution story as it emerges from re-appreciation of the evidence on record is that, on 29/12/2018, Sub-Inspector Ashok Siraswal (PW-1) along with other police constables were going to Station Road. When they reached near Tourist Sweet Shop, two persons were seen sitting carrying bags. The police party informed Sub-Inspector Sandeep Sharma (PW-2) and Constable Ajay Kumar (PW-4). Sub-Inspector Sandeep Sharma (PW-2), Constable Madhusudan (PW-3) and Constable Ajay Kumar (PW-4) came at the spot. The Circle Officer of Police was informed. J. R. Joshi, the Circle Officer of Police, Kotdwar (PW-6) came at the spot. During search before a public witness, namely, Pradeep Singh (PW-5), dry leaves of Bhang were recovered from the bags of the respondents. On weighing, the weight of the dry leaves of Bhang, kept in the bag of Sunildas, was found to be 14.200 grams, and, weight of the dry leaves of Bhang, kept in the bag of Shambhudas was found to be 12.700 grams.

(3.) The respondents were arrested. The recovered articles were sealed. The said recovered articles were taken into possession vide recovery memo (Ext. Ka.6). The First Information Report was lodged. The recovered articles were sent to the Forensic Science Laboratory for chemical analysis. On chemical analysis, identity of the said articles have been established as Bhang. After completion of investigation, the respondents-accused persons were charge-sheeted.