STATE OF U P (NOW STATE OF UTTARAKHAND) Vs. NOORA S/O BASHIR
LAWS(UTN)-2012-9-191
HIGH COURT OF UTTARAKHAND
Decided on September 24,2012

State Of U P (Now State Of Uttarakhand) Appellant
VERSUS
Noora S/O Bashir Respondents

JUDGEMENT

- (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 14.03.2000, passed by Learned Additional Sessions Judge (Uttarakhand cases), Dehradun, in Special Sessions Trial No. 18 of 1996, and Special Sessions Trial No. 19 of 1996, whereby said court has acquitted the accused/respondent Noora, from the charge of offence punishable under section 8/18 and under section 8/20 of Narcotic Drugs and Psychotropic Substances Act, 1985, (for short hereinafter refer as NDPS Act).
(2.) Heard learned counsel for the State/appellant, and learned counsel for the respondent, and perused the lower court record.
(3.) Prosecution story, in brief, is that on 23.03.1996, at about 10.00 a.m, Sub Inspector Rajendra Singh (PW2) alongwith other police personnel including PW1 Constable Praveen Kumar and Constables Mukesh Pachori, Naresh Kumar and Ravindra Rana was going on a jeep in connection with investigation of a case. When they reached near Pratikpur temple cause way, they saw a person carrying a plastic bag in his hand. Said person on seeing the jeep of police started running towards dry river bed. Suspecting fishy, the police personnel got down from the jeep and caught the person who disclosed his name as Noora, son of Bashir. They offered Noora to take their personal search and thereafter took search of the accused (Noora). The police men recovered poppy straw (DODA) weighing 1.9 kg, from the bag which was being carried by the accused, and they also recovered Cannabis (CHARAS) weighing 200 gram, from the pocket of the accused. The policemen thereafter told the accused that if he wants his search may be made in the presence of the Gazetted Officer, in reply to which the accused (Noora) told the policemen that the same need not be done. Consequently, the recovery memo (Ex-A1) was prepared by Sub Inspector Rajendra Singh (PW2). On the basis of said report two separate crime numbers, Crime No. 191 of 1996 relating to offence punishable under section 8/18 of Narcotic Drugs and Psychotropic Substances Act (in respect of recovery of DODA), and Crime No. 192 of 1996 relating to offence punishable under section 8/20 of Narcotic Drugs and Psychotropic Substances Act, (regarding recovery of CHARAS) were registered. Investigation was taken up by PW3 Sub Inspector Suresh Chandra, who interrogated the witnesses and submitted charge sheets Ex-A12 and Ex-A13 for trial of the accused Noora, in respect of offence punishable under section 8/18 and one in respect of offence punishable under section 8/20 of N.D.P.S. Act, respectively. Special Sessions Trial No. 18 of 1996 arose out of Crime No. 191 of 1996 and Special Sessions Trial No. 19 of 1996 arose out of Crime No. 192 of 1996. The trial court after hearing the parties framed charge of offences punishable under section 8/18 of N.D.P.S Act under section 8/20 of N.D.P.S. Act, separately against the accused to which he pleaded not guilty and claimed to be tried. On this prosecution got examined PW1 Constable 488 Praveen Kumar, PW2 Sub Inspector Rajendra Singh, PW3 Sub Inspector Suresh Chandra and PW4 O.P. Taneja (Joint Director of Forensic Laboratory).;


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