STATE OF UTTARAKHAND Vs. KISHAN SINGH JOSHI

JUDGEMENT

(1.) Present Government Appeal is directed against the judgment dtd. 20/5/2004, passed by learned Sessions Judge, Pithoragarh in Sessions Trial No.5 of 2000 titled 'State vs. Kishan Singh Joshi', whereby, learned Trial Court has acquitted the respondent-accused of the charge of Sec. 18 read with Sec. 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, 'Act, 1985').

(2.) Briefly stated the prosecution story as it emerges from re-appreciation of the evidence on record is that on 2/2/2000, Sub-Inspector, Bhuvnesh Dutt Sharma, In-Charge Special Operation Group, Pithoragarh (PW1), Head Constable Ashok Kumar (PW2) along with other police personnel were present on patrolling duty. When they reached the bridge, they saw the accused carrying a bag coming from the front. Seeing the police, he started going back. On suspicion, he was apprehended. On enquiry, he told his name and address. There was a smell of Charas in the said bag. Accused was informed that they wanted to search him and he was asked whether he wanted to be searched in the presence of a Gazetted Officer or a Magistrate. He gave his consent for being searched before the Sub-Divisional Magistrate. Thereafter, he was produced before the Sub-Divisional Magistrate. A search was conducted before Subhash Chandra Uttam, Sub-Divisional Magistrate, Sadar (PW3). About one kilogram of Charas wrapped in a newspaper was recovered from the bag of the accused. Out of the recovered Charas, about 50 grams of Charas was taken out for sample and it was kept in a cloth and the rest of the material was kept in the same bag and sealed. Accused was arrested at 13:15 hrs. The said contraband were taken into possession vide Recovery Memo (Ext. Ka 1). An FIR (Ext. Ka 2) was lodged by Bhuvnesh Dutt Sharma (PW1). The said sample so taken was sent to the Chemical Examiner through Subhash Chandra Uttam (PW3) on 7/2/2000. The said sample was made available to the Forensic Science Laboratory, Agra on 18/2/2000. As per the report of the Forensic Science Laboratory, Agra (Ext. Ka 5), the tested material was found to be Charas. Charge-sheet (Ext. Ka 6) was filed after completion of investigation.

(3.) Charge under Sec. 18 read with Sec. 20 of the Act, 1985 was framed. Respondent-accused pleaded not guilty and claimed to be tried.