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2021 Supreme(UK) 131

ALOK KUMAR VERMA
State Of Uttarakhand – Appellant
Versus
Rajbir – Respondent


Advocates Appeared:
Lalit Sharma, Advocate, Subhash, Advocate, Tyagi Bhardwaj, Advocate

JUDGMENT

Alok Kumar Verma, J. - This Government appeal is directed against the judgment and order dated 20.05.2006, passed by learned Additional Sessions Judge/IVth F.T.C., Haridwar in Special Sessions Trial No. 66 of 2004, "State vs. Rajbir, whereby the learned trial court acquitted the respondent-accused from the offence under Section 18/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as, "Act, 1985").

2. Briefly stated the prosecution story as it emerges from re-appreciation of the evidence on record is that on 25.09.2004, PW-2 Sub-Inspector Rajesh Chandra Sharma was present at Police Chowki Jagjeetpur. He received an information from his secret informant that two persons would come from Haryana to go by bus from Singhdwar and they had charas. This information was reduced to writing in the General Diary. He along with Constable Om Pal Singh, Constable Shiv Kumar and the informant left for the spot. The members of the raiding party searched each other at the Police Chowki. On the way, they tried to associate public witnesses in the raiding party, but none joined. An attempt was made to inform these facts to the Sub Divisional Magistrate and t

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