Rakesh vs State

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

DELHI HIGH COURT
V.K.JAIN
Rakesh – Appellant
Versus
State – Respondent

JUDGMENT

V.K. Jain, J.(Oral)--The case of the prosecution in nutshell is that on 21.9.2007, when the police officials were present at bus stand Punjabi Bagh, checking buses passing from there, the appellant before this Court got down from the bus. At that time he was carrying a box on his shoulders. An informer who was present on the spot, informed Inspector Ishwar Singh, one of the police officials referred above, that the appellant was going to supply ganja in the jhuggies and the box being carried by him contained ganja. On search of the trunk being carried by the appellant, 21 kg of ganja is alleged to have been recovered. This is also the case of the prosecution that before searching the trunk being carried by the appellant, a notice under Section 50 of NDPS Act was given to the appellant, who stated that he did not want the evidence to be created against him by calling the Magistrate or a Gazetted Officer and, therefore, no such person should be called.

2. Since the appellant pleaded not guilty to the charged framed against him, the prosecution examined as many as eight witnesses. One witness was examined in defence.

3. The complainant Inspector Ishwar Singh came in the