STATE OF UTTARANCHAL Vs. RAJENDRA SINGH

JUDGEMENT

(1.) As a consequence of recovery of 100 gms. of charas(cannabis) from the possession of the accusedrespondent, a recovery memo was prepared. No public witness was procured. The representative sample was sent to Forensic Science Laboratory, Agra, who in it's report dated 24th April, 1998 found the sample to be of charas (cannabis). After the investigation, charge-sheet under Section 18/20 of the NDPS Act, 1985 was submitted against the accused-respondent. He was charged for the selfsame offence, to which he pleaded not guilty and claimed trial.

(2.) Pw 1 SI P.D. Pande, PW 2 SI Satish Kumar Singh and PW 3 Hariram Bhaskar were examined on behalf of the prosecution. Incriminating evidence was put to the accused under Section 313 Cr.P.C., in reply to which he said that he was falsely implicated in the case. No evidence was given in defence. After considering the evidence on record, accused-respondent was exonerated of the charge levelled against him. Feeling aggrieved against the impugned judgment and order of acquittal dated 27.05.2002, present Government Appeal was preferred by the State.

(3.) On 17.08.1996, when the police personnel were on patrolling duty, and were going from Shivkirti Chowk to Tulsi Chowk, they found two persons, who tried to run away after seeing the police party. They were apprehended at 10:15 p.m. near Tulsi Chowk. One of them disclosed his name as Rajendra Singh ( respondent herein). He was offered to be searched before a Magistrate or a gazetted officer, to which he declined. No public witness was available. On his search, 100 gms of cannabis was recovered from the possession of accused-respondent. He could not show the authority to keep the same. Recovery memo was prepared. Representative sample was also taken and was sent to FSL, Agra.