STATE OF UTTARAKHAND Vs. MOHD. RIZWAN

JUDGEMENT

(1.) There is delay of 245 days in preferring this special leave to appeal. In view of the reasons assigned in the affidavit filed in support of the application, we condone the delay and allow the application for the same.

(2.) This special leave to appeal has been preferred by the State/appellant assailing the judgment and order dtd. 18/12/2023, passed by learned Special Sessions Judge, Champawat in Special Sessions Trial No.45 of 2020, State vs. Mohd. Rizwan, whereby the said court, after conclusion of trial, has acquitted the respondent/accused of offence punishable under Sec. 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act, 1985').

(3.) In nutshell the facts of the case are that on 7/3/2020, informant-S.S.I. Yogesh Dutt accompanied with police people had departed the police station by Private Car No. UK06T-9854 for checking of an unknown person and as soon as they reached at Manihargaud-Bechai Triha and began to do the checking, then at about 22:30 hours one motorcycle was seen coming from towards the Banbasa. When police people asked the motorcycle driver to stop his vehicle, he at once, turned the same, but the vehicle was stopped. By using the necessary police force, the person along with motorcycle was caught, who disclosed his name as Mohd. Rizwan (respondent herein). By informing him of his legal rights under Sec. 50 of the Act, 1985, he was asked that he can be searched before any Magistrate/Gazetted Officer. At about 00:10 a.m. C.O. Tanakpur-Vipin Chandra Pant came on the spot before whom the search was conducted. From the bag hanging on the shoulder of respondent, some black substance was recovered. On smelling the same, it was found to be charas. When it was weighed along with the plastic bag it was found to be 4 kg. 456 gms., whereas the empty weight of the polythene was 16 gm. The accused was accordingly taken into custody, brought at the police station and the report was lodged against him. Subsequent thereto, an Investigating Officer was appointed who conducted investigation in the matter and on completion of the same, he submitted the charge-sheet in the court, whereupon the cognizance was taken by learned Special Sessions Judge and the case was registered against the accused under Sec. 8/20 of the Act, 1985.