STATE OF UTTARANCHAL Vs. MAHAVEER SINGH CHAUHAN
LAWS(UTN)-2013-8-125
HIGH COURT OF UTTARAKHAND
Decided on August 16,2013

STATE OF UTTARANCHAL Appellant
VERSUS
Mahaveer Singh Chauhan Respondents

JUDGEMENT

- (1.) Accused-Respondent Mahaveer Singh Chauhan was charged for the offence punishable under Section 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the NDPS Act ), to which he pleaded not guilty and claimed trial.
(2.) Pw1 SI R.C.Chaudhary, PW 2 SI Zakir Husain, PW 3 Girish Chandra Tiwari, PW 4 Constable Sardar Singh, PW 5 Shiv Charan Das and PW 6 Tejveer Singh were examined on behalf of the prosecution. Incriminating evidence was put to the accused under Section 313 Cr.P.C., in reply to 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/ 4th FTC, Dehradun, vide judgment and order dated 09.05.2001 exonerated the accused (respondent herein) of the charge levelled against him. Aggrieved against the impugned judgment and order, present Government Appeal was preferred by the State.
(3.) Pw 1 SI R.C.Chaudhary supported the prosecution story. When he was cross-examined, he said that sample seal was not before him. Police personnel did not take representative sample. The entire contraband recovered from the possession of the accused was sealed. According to the prosecution, 900 gms of charas/cannabis was recovered from the possession of the accusedrespondent.;


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