MAHESH SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THE impregnability of the judgment and order dated 15.01.2013 rendered by the Additional Sessions Judge, Nainital in Special Sessions Trial No.17 of 2010, State Vs. Mahesh Singh, is under challenge through this jail appeal. In the said trial, appellant Mahesh Singh was convicted for the offence of Sections 8/20 of the Narcotics Drugs & Psychotropic Substances Act, 1985 (hereinafter to be referred as 'the Act'). He was sentenced to five years' rigorous imprisonment, in addition to fine of Rs.5,000/ -, in default of which, six months' simple imprisonment was awarded.

(2.) AS per the prosecution story, nearing one kilogram of Charas was allegedly recovered from the possession of appellant while being accompanied with a woman, namely, Shashi Chauhan, who too was found in possession of 200 grams of Charas. However, the investigation culminated into submission of chargeseheet only against the appellant, wherefor he was charged accordingly and put to trial.

(3.) LEARNED amicus curiae has pointed out some irregularities and lapses on the part of prosecution making the compliance, as mandated under the Act. 2 But the Court does not find any force in the arguments so advanced on behalf of appellant because as regards the compliance of Section 50 of the Act, there is a mention in the recovery memo about asking from the accused persons whether they would like to be searched before a Gazetted Officer or a Magistrate, but they declined and agreed to be searched by the arresting police officer. In such matters, it will be deemed that the arresting police officer has substantially complied with the provision of Section 50, as has been held by the Hon'ble Apex Court in the case of Bharat Bhai Bhagwanji Bhai v. State of Gujarat, 2003 CrLJ 65.