STATE OF UTTARANCHAL Vs. SARDAR MANOHAR SINGH @ BABA
HIGH COURT OF UTTARAKHAND
STATE OF UTTARANCHAL
Sardar Manohar Singh @ Baba
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(1.) Accused-respondent was challaned under
Sections 8/18/20/22 of the Narcotic Drugs and Psychotropic
Substances Act, 1985 (hereinafter referred to as 'the Act'),
and accordingly charge was framed against him under
Section 8/15 of the Act, to which he pleaded not guilty and
(2.) PW 1 SI Chhatrapal Singh, PW 2 Mohan Singh
Rawat and PW 3 Rameshwar Prasad Purohit (investigating
officer) were examined on behalf of the prosecution.
Incriminating evidence was put to the accused under
Section 313 Cr.P.C., in which he said that he was falsely
implicated in the criminal case. No evidence was given in
defence. After considering the evidence on record, learned
Additional Sessions Judge/2nd FTC, Haridwar, vide
judgment and order dated 08.07.2002, exonerated the
accused-respondent of the charge under Section 8/15 of the
N.D.P.S. Act, 1985. Aggrieved against the impugned
judgment and order (of acquittal), present Government
Appeal was preferred.
(3.) PW 1 and PW 2 proved recovery memo (Ext.
Ka-1). Doda (poppy straw) was allegedly found from the
possession of the accused-respondent on 26.10.1997, at
6:00 p.m. The alleged recovery was made in a public place,
but no public witness was procured. Evidence has it that
Mohalla Tiwdi was one of the crowdest place within the
jurisdiction of PS Ranipur. PW 2 admitted in his crossexamination that when he received a information through
informer that the accused was in possession of illicit liquor
and doda, he was present in Ambedkar Park. PW 2 (Circle
Officer) informed PS Ranipur on RT set and asked for
reinforcement. One of the reasons assigned for not
believing the prosecution story by the Trial Court was that
no independent witness was procured, whereas there was
great probability of procuring such witness (es).;
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