STATE OF HARYANA Vs. SATISH KUMAR

JUDGEMENT

(1.) THE State of Haryana has filed this application under Section 378 (3) of the Code of Criminal Procedure for grant of leave to appeal from the judgment of acquittal dated 19.9.2008, passed by the Special Judge, Jhajjar in NDPS Act Case No. 15 of 2007 titled as "State v. Satish Kumar" arising from FIR No. 129 dated 3.4.2007 under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act'), Police Station Jhajjar.

(2.) IN the present case, as per the prosecution version, on 3.4.2007, 1.5 Kgs. of charas was recovered from the possession of the respondent-accused, when the police party intercepted him at Northern Bridge near a temple, which was under construction, Jhajjar, while he was seen coming from Rohtak side. According to the FIR, before the alleged recovery of charas from the possession of the respondent-accused, a notice under Section 50 of the Act was served upon him and when he expressed his willingness to get his personal search conducted in the presence of a Gazetted Officer, then Balbir Singh, DSP, Jhajjar was telephonically informed, who reached at the spot, and in his presence, the personal search of the respondent-accused was conducted. The alleged charas was recovered from the polythene, which was held by the respondent-accused in his right hand. Out of the recovered contraband, two samples of 20 grams each were taken out and separate parcels were prepared. After putting the seal of JS on both the sealed parcels and the residue, the case property was deposited with the MHC and the FIR was registered at Police Station Jhajjar.

(3.) IN support of its case, the prosecution examined nine witnesses and produced on record various documents. In his statement under Section 313 Cr.P.C., the respondent-accused denied each and every incriminating material appearing against him in the prosecution evidence. He pleaded innocence and false implication. However, he did not examine any witness in his defence.