STATE OF UTTARANCHAL Vs. SARDAR MANOHAR SINGH @ BABA
LAWS(UTN)-2013-7-233
HIGH COURT OF UTTARAKHAND
Decided on July 31,2013

STATE OF UTTARANCHAL Appellant
VERSUS
Sardar Manohar Singh @ Baba Respondents

JUDGEMENT

- (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 claimed trial.
(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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