STATE OF UTTARANCHAL Vs. MAHESH CHANDRA

JUDGEMENT

(1.) The present appeal is filed under Section 378 (3) Cr.P.C. by the State challenging the judgment and order dated 23.11.2002, passed by the learned Special Judge (N.D.P.S. Act), Dehradun, in Special Session Trial No.20/2002, under Section 8/20 of N.D.P.S. Act, Police Station Vikas Nagar, District Dehradun whereby the accused/ respondent has been acquitted for the offence punishable under Section 8/20 of N.D.P.S. Act.

(2.) The factual matrix of the case is that on 06.01.2002 S.I. Navin Chandra Semwal along with Const. Rashid, Const. Kirpal Singh, Const. Mukesh, Const. Jaibir Singh and Const. Anil Kumar proceeded on patrolling and maintaining law and order. When they reached near country-made liquor shop at Dehradun Road, the accused Mahesh Chandra was going just 10-15 steps ahead of them, turning back frequently and looking at them. On suspicion, the police party chased him and apprehended at a distance of 15-20 steps ahead around 21:30 hours. The accused admitted that he had charas. Thereafter, the police party searched each other in the team to ensure that none of them had contraband like charas and tried to procure the public witnesses but no one was ready to witnesses the alleged recovery. The accused was apprised about his right of being searched before a Gazetted Officer but he denied and got ready for search before the Police Officers. On asking about his identity, the accused disclosed his name as Mahesh Chandra. The police party conducted his personal search and recovered charas kept in green polythene from his right. On measuring, the weight of the said contraband was found to be approximately 1kg. On the basis of recovery, recovery memo Ex.Ka-1 was prepared at the spot and chick FIR Ex.Ka-6 was lodged on 06.01.2002 at 23:30 hours at Police Station Harbartpur and the investigation was conducted.

(3.) After completion of the investigation, charge sheets Ex.Ka-14 was submitted against the accused under Section 8/20 N.D.P.S. Act and cognizance was taken against him. Charges were framed on 17.05.2002 under Section 8 read with Section 20 of the Narcotic Drugs and Psychotropic Substances Act, to which he pleaded not guilty and claimed trial.