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SANJAYA KUMAR MISHRA, ALOK KUMAR VERMA
State of Uttarakhand – Appellant
Versus
Sunildas – Respondent
JUDGMENT :
ALOK KUMAR VERMA, J.
These two Government Appeals are directed against a common judgment dated 09.01.2020, passed by the learned District & Sessions Judge/Special Sessions Judge, Pauri Garhwal in Special Sessions Trial No.1 of 2019, “State vs. Sunildas”, and, in Special Sessions Trial No.2 of 2019, “State vs. Shambhudas”, whereby, the learned trial court has acquitted the respondents-accused persons from the charge of Section 8 read with Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as, “the Act, 1985”). These two Government Appeals are being decided by this common judgment.
2. Briefly stated the prosecution story as it emerges from re-appreciation of the evidence on record is that, on 29.12.2018, Sub-Inspector Ashok Siraswal (PW-1) along with other police constables were going to Station Road. When they reached near Tourist Sweet Shop, two persons were seen sitting carrying bags. The police party informed Sub-Inspector Sandeep Sharma (PW-2) and Constable Ajay Kumar (PW-4). Sub-Inspector Sandeep Sharma (PW-2), Constable Madhusudan (PW-3) and Constable Ajay Kumar (PW-4) came at the spot. The Circle Officer of Police was infor
Possession of Bhang is not an offence under the Narcotic Drugs and Psychotropic Substances Act, 1985.
The central legal point established in the judgment is the interpretation of the NDPS Act with regard to the inclusion of Bhang as a prohibited drug and the requirement for scientific evidence to det....
Section 2(iii) of NDPS Act which reads as "cannabis (hemp)" means charas, that is, the separated resin, in whatever form, whether crude or purified, obtained from the cannabis plant and also includes....
The interpretation of the definition of 'Ganja' under the Narcotic Drugs and Psychotropic Substances Act and the relevance of confirmed recovered material are crucial in determining bail eligibility.
The mandatory provision of Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985, requires the empowered officer to inform the suspect of his right to be searched in the presence of ....
Bail granted due to custody and debatable nature of the contents of ganja.
Seeds and leaves without tops are not termed as Ganja.
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