- (1.) Appellant had faced trial in FIR No. 563/2007 registered at Police Station Deeg, District Bharatpur, under Section 8/22 of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act') .
(2.) Prosecution story, in brief, is that on 21.10.2009 at about 4.30 p.m., information was received in the Police Station that one motorcycle bearing No. HR-51-R-0429 was coming from Kumher side and the motorcycle riders were carrying Charas. Believing the information to be correct, ASI Kishanlal was sent to join independent witnesses and make arrangements for weighing scale. Proceedings under Section 50 of the Act were also carried out. Tehsildar and two independent witnesses were joined with the police party and they reached the spot. Jile Singh was sitting on the driver seat of the motorcycle whereas Tek Chand was sitting behind him. Tek Chand was having black colour polythene bag in his right hand. Tek Chand and Jile Singh were served with the notice under Section 50 of the Act and they were informed that their search was to be conducted as it was suspected that they were carrying Charas. Jile Singh and Tek Chand were informed that they could get their search effected in the presence of a Magistrate or a Gazetted Officer. Both Tek Chand and Jile Singh stated that their search be effected in the presence of Tehsildar. On search of black bag carried by Tek Chand 4 packets containing Charas were recovered. One yellow colour bag was also recovered from the black bag. From the said bag 17 strips and three pieces of Charas were recovered. On weighment, the Charas recovered from 4 packets weighed 2 kilograms and 150 grams. The 17 strips and 3 pieces of Charas weighed 150 grams. 50 grams was separated from each packet as sample and 50 grams was separated from each packet as control sample. Samples were made into sealed parcels. From the recovered strips and pieces of Charas, 5 strips were separated as sample parcel and the same was made into a sealed parcel. The remaining case property were also made into sealed parcels and were taken in possession. Accused were arrested. 15 parcels i.e., 5 sample parcels, 5 control sample parcels and 5 residue Charas parcels were deposited in the Malkhana.
(3.) After completion of investigation and necessary formalities challan was presented against the accused.;