STATE OF UTTARANCHAL Vs. HARSH GOEL @ MUNNA

JUDGEMENT

(1.) The present appeal is preferred by the appellant-State challenging the judgment of acquittal of respondent Harsh Goel @ Munna recorded by learned Special/Sessions Judge, Tehri Garhwal on 4.9.2003 in S.T. No.2 of 2000 u/s 21 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (hereinafter to be referred as 'the Act').

(2.) The factual matrix of the case is that on 10.1.2000, information was received from informer that two persons staying in a guest house named 'Kuriyal Guest House' and they are having smack with them. On this information, Vinod Chauhan, In-charge of P.S. Muni-ki-Reti telephonically informed C.O. Police, New Tehri who reached at 16:45 hours. On the pointing out of informant, the room was got opened where two persons were found. Both of them were searched before the Circle Officer at 5 PM. On the search of accused Harsh Goel @ Munna, from the bag held by him on his shoulder, 55 grams of smack was recovered apart from some money from his pocket. The recovery memo was accordingly prepared and the FIR was lodged against the accused.

(3.) The matter was investigated. The I.O. inspected the place of occurrence, prepared the site plan, recorded the statements of witnesses, sent the recovered contraband for chemical examination and after completion of investigation, submitted the charge-sheet against the appellant in the Court.