STATE OF UTTARANCHAL Vs. MANGAT RAM

JUDGEMENT

(1.) On 26.01.2002, at 10:30 P.M., SHO Narain Dutt Tiwari received information through an informer that two persons coming from Himachal were carrying charas with them for selling the same and will reach near UCO Bank adjacent to clock tower at 11:00 P.M. in the night. SHO passed this information on R.T. set to C.O. City I with a request to reach clock tower, Dehradun. SHO alongwith with his police team tried to procure public / independent witness, but to no avail. C.O. City also came at clock tower in the meanwhile. Accused persons were apprehended near Kumar Sweet House, at 11:00 P.M. They disclosed their names as Mangat Ram (present respondent) and Shyam Singh (co-accused). 3 kg. and 2 kg. charas, respectively, (in all 5 kg.) was allegedly recovered from the possession of accused Mangat Ram and accused Shyam Singh. Specimen sample was taken from said recovered contraband for sending the same to Forensic Science Laboratory. The contraband was sealed and recovery memo (Ext. Ka-1) was prepared. Document regarding information memo was also got prepared and both the accused alongwith recovered contraband were brought to police station. Case was registered against the accused persons for the offence punishable under Section 8/20 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short N.D.P.S. Act), at 12:00 in the midnight.

(2.) Investigation of the case was conducted by S.O. D.R. Arya, who after completion of investigation, submitted separate chargesheets against both the accused for their trial under Section 8/20 N.D.P.S. Act. When the trial began and prosecution opened it's case, charge for the offence punishable under Section 8/20 N.D.P.S. Act was framed against the accused persons, who pleaded not guilty and claimed trial.

(3.) PW1 Inspector Narain Dutt Tiwari, PW2 C.O. V.K. Singh, PW3 S.S.I. Ashok Kumar, PW4 S.I. Diwani Ram Arya (I.O.) and PW5 S.I. Anand Lal (I.O.) were examined on behalf of the prosecution. Incriminating evidence was put to the accused persons under Section 313 of Cr.P.C., in reply to which they said that they were falsely implicated in the case. No evidence was adduced in defence. After considering the evidence on record, learned Special Judge, NDPS Act, Dehradun, vide judgment and order dated 10.03.2003, acquitted the accused-respondents for the offence punishable under Section 8/20 N.D.P.S. Act. Aggrieved against the same, present Government Appeal was filed by the State.