JOGINDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) NONE has appeared for the appellant today. Same was the position on the previous dates. I have carefully perused the case file and heard learned State counsel.

(2.) THE appellant faced trial for offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and Section 25 of the Arms Act, 1959. As per the case of the prosecution he was apprehended on 27.07.2001 and the recovery of 200 grams of Charas and country made pistol was affected from his possession. On witnessing the police party, he had thrown the packet containing the charas. It was felt that he may have more contraband, as such, given option to be searched before the gazetted officer or a Magistrate but he opted for his search before ASI Subhash Chander, who was heading the police party. On further search no contraband was recovered from him.

(3.) LEARNED State counsel has argued that the prosecution in this case has examined HC Ramesh Chander PW -7, who is the witness of recovery. He has stated about the recovery of country made pistol from the right side pocket of the pant of the appellant. After preparing rough sketch of pistol Exhibit PG it was taken into possession. The pistol was found in working order by PW -8 ASI Dharampal. ASI Subhas Chander PW -9 was heading the police party who apprehended the appellant and effected the recovery of country made pistol from him. He had also fully supported the prosecution case. In the cross -examination of PW -7 HC Ramesh Chander and PW -9 ASI Subhash Chander, nothing could be extracted to create any doubt about the testimony of these witnesses. The case property was also produced during the course of trial.