STATE OF UTTARAKHAND Vs. MAHFOOJ

JUDGEMENT

(1.) Present Government Appeal has been filed against the judgment dtd. 6/7/2004, passed by learned Ist FTC/Additional Sessions Judge, Haridwar in Special Criminal Case No.16 of 2001, 'State vs. Mahfooj', by which, the respondent ' accused has been acquitted of the charge under Sec. 8/15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, '"Act, 1985").

(2.) The prosecution case, briefly stated, is that on 26/6/2001, Sub-Inspector Gyanendra Singh Rana (PW1), Sub-Inspector Rajendra Kumar Tyagi (PW2) and Head Constable Sahab Singh (PW3) were present on patrolling duty. They received a secret information that a person is going towards Arya Nagar carrying poppy straw in his bag. In spite of an endeavour, no public witness could be secured. Accordingly, a raid was conducted. Respondent ' accused was apprehended. On enquiry, he disclosed his name and address. He informed them that he had poppy straw in his bag. They apprised him that they intend to search him and whether he wishes to be searched in the presence of a Gazette Officer or a Magistrate. He gave his consent for being searched before them. Accordingly, a search was conducted. During the search of his bag, they found 4 kg. 500 grams of poppy straw (Material Ext.3) in his blue colored polythene bag (Material Ext.2). He was arrested at 11:15 a.m. The recovered contraband was sealed. The said contraband was taken into possession vide Recovery Memo (Ext. Ka1). An FIR (Ext. Ka.2) was lodged by Gyanendra Singh Rana (PW1). The said contraband was sent to the Chemical Examiner, who found the same to be 'poppy straw'. Charge-sheet was submitted after completion of the investigation.

(3.) Charge under Sec. 8/15 of the Act, 1985 was framed. Accused pleaded not guilty and claimed to be tried.