STATE OF UTTARANCHAL Vs. BHARAT SINGH NEGI
LAWS(UTN)-2013-3-128
HIGH COURT OF UTTARAKHAND
Decided on March 08,2013

STATE OF UTTARANCHAL Appellant
VERSUS
Bharat Singh Negi Respondents

JUDGEMENT

- (1.) This is a Government Appeal against the judgment and order of acquittal dated 8.12.2000 rendered by the Additional Sessions Judge, Dehradun in Special Sessions Trial No. 6/96, State v. Bharat Singh Negi.
(2.) The case of prosecution was that on 3.1.1996, police was informed that some person was coming with controlled narcotic substance Charas/Cannabis, and on suspicion the police party arrested the accused respondent at 9.30 pm on that day from the Main Market of Vikas Nagar, District Dehradun. He was offered the choice to be searched before a Gazetted Officer or a Magistrate, but he allegedly declined this offer and asked the police party to search him. When he was searched, 500 gms of Charas (sulfa) were allegedly recovered from his possession, which he had kept wrapped in a polythene bag. Recovery memo was prepared and after bringing the accused to the police station, an FIR was lodged against him. After investigation, police submitted chargesheet against the accused respondent. Accused was charged with the offence under Section 8/20 of The Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'the Act').
(3.) Prosecution, in support of its case, examined PW1 SI Ramesh Chandra Chaudhary, PW2 Constable Manoj Kumar, PW3 SI Tejveer Singh and PW4 Constable Atar Singh. PW1 and PW2 were present at the time of recovery. PW3 is the Investigation Officer. PW4 had carried the seized contraband to the Forensic Laboratory, Agra for its chemical analysis, where the same was found to be Charas.;


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