Decided on September 07,2012

State of Uttar Pradesh (Now State of Uttarakhand) Appellant
Harbinder Respondents


- (1.) This appeal, preferred under section 378 of Code of Criminal Procedure, 1973, (for short Cr.P.C), is directed against the judgment and order dated 11.03.1999, passed by IInd Additional Sessions Judge, Hardwar, in Special Sessions Trial No. 07 of 1996, and Special Sessions Trial No. 09 of 1996, whereby said court has acquitted the accused/respondents Harbinder and Pradeep, from the charge of offences punishable under section 8/20 of Narcotic Drugs and Psychotropic Substances, Act, 1985, (for short N.D.P.S. Act).
(2.) Heard learned counsel for the appellant, and learned counsel for the respondents, and perused the lower court record.
(3.) Prosecution story, in brief, is that PW1 Sub Inspector Mahesh Chand alongwith PW2 Constable Ram Kishore Sharma and some other constables, were on patrol duty and at about 20.50 hours in between Brahampuri and Nirmala Cantt., started checking the vehicles. From the side of Jwalapur a two wheeler vehicle bajaj scooter make Chetak bearing registration no. UP10A8871 was seen coming with two riders. It was stopped and driving license etc., were demanded from accused/respondent Harbinder, who was driving the two wheeler. He failed to show the papers, thereafter the police party suspected that the two accused were carrying some contraband item and took their search, and it was found that accused/respondent Harbinder was carrying 200 grams of cannabis (CHARAS) and accused/respondent Pradeep was carrying 225 grams cannabis (CHARAS). Both the recovered packs of cannabis were sealed at the spot, recovery memo was prepared and the accused/respondents were arrested. On the basis of the recovery memo Crime No. 131 of 1995 and Crime No. 132 of 1995, were registered in respect of offence punishable under section 20/22 of Narcotic Drugs Psychotropic Substances Act, against accused/respondents Harbinder and Pradeep respectively. The investigation was taken up by PW3 Sub Inspector R.P.Singh. After interrogating the witnesses, and completion of investigation, charge sheets appear to have been filed against the two accused separately.;

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