- (1.) Appellant had faced trial in F.I.R. No. 116/2007 registered at Police Station Chhipabarod, District Baran, under Section 8/21 Narcotic Drugs and Psychotropic Substances Act 1985 (hereinafter referred to as 'the Act') alongwith his other co-accused.
(2.) Trial court vide judgment/order dated 26.6.2010, ordered the conviction and sentence of the appellant under Section 8/21 of the Act. Co-accused of the appellant were acquitted of the charge framed against them under Section 8/29 of the Act. Hence, the present appeal by the appellant.
(3.) Prosecution story in brief is that on 12.6.2007, Station House Officer (SHO for short), Jodha Ram alongwith other police officials were travelling towards Gagchana. The said police officials were on patrol duty. At about 3.45 p.m., one person was seen walking from Gagchana side towards Peethpur. On seeing the police jeep, the said person started running. The said person was apprehended and on enquiry he disclosed his name as Dinesh Kumar @ Babloo. He (Dinesh Kumar) was questioned as to why he had started running on seeing the police party but he could not given any satisfactory reply. Effort was made to join independent witness before effecting search of the appellant but none agreed to join. Appellant was appraised of his legal right under Section 50 of the Act that he could get his search effected in the presence of a Magistrate or a Gazetted Officer. Appellant reposed confidence in the SHO. On search of the bag carried by the appellant, it was found that it contained Smack. On weighment, the said contraband weighed 500 grams. Two samples weighing 10 grams each were separated from the recovered contraband and were made into separate sealed parcels. The residue contraband was also made into sealed parcel and the case property was taken in possession. Personal search memo of the appellant was prepared. Appellant was arrested.;