STATE Vs. IQBAL

JUDGEMENT

(1.) THIS appeal, preferred by the State/appellant under Section 378(3) of The Code of Criminal Procedure, 1973 (hereinafter to be referred as 'Cr.P.C.'), is directed against the judgment and order dated 12.7.2000 passed by the Additional Sessions Judge, Dehradun in Special Sessions Trial No. 31 of 1996 State v. Iqbal whereby the accused respondent has been acquitted of the charges punishable under Section 8/20 of The Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'the Act').

(2.) BRIEFLY stated facts of the case are that on 29.8.1996 at 11.15 am, S.I. Harpal Singh Rawat (PW1) and S.I. Anil Kumar Joshi (PW2) along with other police personnel were on patrolling duty. When they reached in village Chiranjipur, they were informed by the mukhbir that a person having charas (sulfa) was coming towards Shakti Canal. On this they tried to search the public witnesses but nobody agreed. Thereafter the police personnel and the mukhbir searched each other and fard Ex. Ka -4 was prepared. Thereafter they proceeded towards Shakti Canal and waited for that person after hiding in the nearby bushes. After sometime a person was seen coming and the mukhbir pointed towards that person that he was the man who was carrying the charas. That person tried to escape from the spot after seeing the police party. He was chased by the police party and was arrested at 12.45 pm at a distance of nearly 200 metres. When he was asked for the search, then he himself conceded that he was having charas. There was no public witness as the place of occurrence was the forest area. When he was asked as to whether he wanted to be searched before a Magistrate or Gazetted Officer, then he replied that since he was having charas, therefore, there was no need to call any such officer and asked the police party to take his search, fard Ex. Ka -5 thereof was also prepared. He disclosed his name as Iqbal i.e. the accused respondent. When the pink coloured polythene which he was holding in his right hand was opened, two more polythenes containing charas were found inside. The contraband was weighted and it was found that 30 gm charas was kept inside the yellow polythene and 420 gm charas was kept inside the pink polythene. He was asked to produce the license but he failed to do so. Sample of 50 gm out of 420 gm charas and sample of 10 gm out of 30 gm charas were taken at the spot. Recovered contraband and samples were sealed on the spot. Fard of recovery Ex. Ka -1 was prepared at the spot.

(3.) ON 19.12.1996, learned Additional Sessions Judge, Dehradun framed the charge against the accused respondent for the offence punishable under Section 8/20 of the Act. The charge was read over and explained to the accused respondent, who pleaded not guilty and claimed to be tried.