MADAN LAL Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) ON the basis of recovery memo dated 03.08.2001, whereby 3 Kg. of poppy straw was found from the possession of the accused -appellant, a chik FIR was lodged on 03.08.2001, at 09:55 P.M, at police station, Nanakmatta, District Udham Singh Nagar in respect of offence punishable under Section 15 / 18 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short N.D.P.S. Act). The incident allegedly took place on 03.08.2001, at 08:05 P.M., and the FIR was lodged after about two hours. The distance between the place of incident and the police station is 1 Km. and, hence there appears no delay in lodging the FIR.

(2.) PROSECUTION story is that on 03.08.2001, when PW1 Constable Chani Ram and PW2 S.I. Virendra Singh Raghav were on patrolling duty and reached near Tapeda Trisection, they found a person carrying a bag. On being intercepted, accused started fleeing away. He was apprehended near Baawli Sahab ki Gumti. Accused disclosed his name as Madan Lal, resident of District Pilibhit. When the police personnel enquired from him as to why he was running away, he said that he was carrying poppy straw in the bag. When the police personnel told him to be searched by a Gazetted officer or a Magistrate, he volunteered to be searched by the police personnel alone. Accused also gave a consent letter in writing. When the search of the accused was affected, poppy straw was found from a bag being carried by him. On being weighed, it was found that it was 3 Kg. poppy straw. Accused was taken into custody. Specimen sample of 200 gm. was taken. According to the police personnel, since the incident took place spontaneously and there was no habitation around, therefore, public witness / independent witness could not be procured. Recovery memo dated 03.08.2001 was prepared, which contained the signatures of the police personnel as well as the thumb impression of the accused. The recovery memo contains an endorsement that a copy of the recovery memo was supplied to the accused.

(3.) AFTER completion of investigation, a chargesheet in respect of offence punishable under Section 15 / 18 of the N.D.P.S. was submitted against the accused. When the trial began and prosecution opened it's case, charge for the selfsame offence was framed against the accused, who pleaded not guilty and claimed trial.