STATE OF UTTARAKHAND Vs. JAI PRAKASH

JUDGEMENT

(1.) The present government appeal has been filed under Section 374 (3) Cr.P.C. against the judgment and order dated 22.09.2003 passed by the learned Additional Sessions Judge/ Fast Track Court, Tehri Garhwal, in S.T. No.6/2000, under Section 20/21 of N.D.P.S. Act, Police Station Muni-Ki-Reti, District-Tehri Garhwal, whereby the accused has been acquitted for the offence punishable under Section 21 of N.D.P.S. Act.

(2.) Brief facts of the case are that the S.H.O. Muni-Ki-Reti, Shri Vinod Chauhan Chauhan along with Sub-Inspector Inderjeet Singh Sandhu, H.C. Surender Pal, Constable Krishan Kumar, Constable Baburam and Constable Sushil Kumar were on patrolling duty for maintaining law and order in the respective police station area. When they reach near Shivanand Gate the informant gave them secret information that two persons are coming from Sheesham Jhari Mohalla and are going towards Kailash Gate and they have smack and charas. On this information, the police personnel informed to the Circle Officer, Narender Nagar. The police party was waiting for Circle Officer at PWD T-Point. When the Circle Officer reached at 8:30 p.m. at PWD T-Point the Circle Officer was informed about the information and the police party tried to procure the public witness but none was ready to be the witness. After some time the informant identified both the accused and as per the information given by the informant the police party apprehended the accused at 9:30 p.m. The accused identified himself as Jai Prakash and on his personal search 20 gram smack was recovered from the pocket of accused-Jai Prakash. Recovery memo was prepared on the spot.

(3.) On the basis of aforesaid recovery, Case Crime No.341 of 2000 under Section 18/20 N.D.P.S. Act against the present accused-Jai Prakash was registered.