STATE OF UTTARAKHAND Vs. BISHAN RAM

JUDGEMENT

(1.) Present Government Appeal has been filed against the judgment dtd. 25/5/2004, passed by learned Sessions Judge, Bageshwar in Special Sessions Trial No. 8 of 2002, 'State Vs. Bishan Ram', by which, the respondent - accused has been acquitted of the charge under Sec. 20 (b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short - Act, 1985').

(2.) Briefly stated the prosecution case as it emerges from re-appreciation of the evidence on record that on 21/2/2002, Inspector - Jagdish Pal (PW 2), SSI Harendra Singh (PW 3) along with other police personnel were on patrolling duty. When they reached the tri-junction leading to the Chandika temple, they saw the accused coming from the front. Seeing the police personnel, he ran away. On suspicion, he was apprehended at 17:30 hrs. He was asked the reason for running away. He told that he had 200 grams of Charas. On enquiry, he told his name and address. He was asked whether he wanted to be searched before a Magistrate or a Gazetted Officer. He replied that he did not want to be searched before the Magistrate or Gazetted Officer. He asked them to search him. His personal search was conducted. On search, Charas (Material Ext. 1) was recovered from the right pocket of the pants he was wearing. On weighing, its weight was found to be 200 grams. He was arrested. The recovered article was sealed. The said recovered material was taken into possession vide recovery memo (Ext Ka. 3). In spite of an endeavour, no public witness could be secured. An FIR (Ext Ka. 1) was lodged by Jagdish Pal (PW 2). Sample of recovered material was sent to Forensic Science Laboratory, Agra. Charge-sheet was filed after completion of investigation.

(3.) Charge under Sec. 20 (b) of the Act, 1985 was framed. Accused pleaded not guilty and claimed to be tried.