STATE OF UTTARANCHAL Vs. SARDAR MANOHAR SINGH @ BABA

JUDGEMENT

(1.) Accused-respondent was challaned under Sections 8/18/20/22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act'), and accordingly charge was framed against him under Section 8/15 of the Act, to which he pleaded not guilty and claimed trial.

(2.) PW 1 SI Chhatrapal Singh, PW 2 Mohan Singh Rawat and PW 3 Rameshwar Prasad Purohit (investigating officer) were examined on behalf of the prosecution.

(3.) PW 1 and PW 2 proved recovery memo (Ext. Ka-1). Doda (poppy straw) was allegedly found from the possession of the accused-respondent on 26.10.1997, at 6:00 p.m. The alleged recovery was made in a public place, but no public witness was procured. Evidence has it that Mohalla Tiwdi was one of the crowdest place within the jurisdiction of PS Ranipur. PW 2 admitted in his crossexamination that when he received a information through informer that the accused was in possession of illicit liquor and doda, he was present in Ambedkar Park. PW 2 (Circle Officer) informed PS Ranipur on RT set and asked for reinforcement. One of the reasons assigned for not believing the prosecution story by the Trial Court was that no independent witness was procured, whereas there was great probability of procuring such witness (es).