State of Uttarakhand vs Mahfooj - 2023 Supreme(UK) 202

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(UK) 202

ALOK KUMAR VERMA
State of Uttarakhand – Appellant
Versus
Mahfooj – Respondent

Advocates Appeared:
For the Appellant :Mr. S.S. Adhikari, Deputy Advocate General assisted by Mr. B.S. Thind, Brief Holder.
For the Respondent:Mr. Sajjad Ahmed, Advocate with Mr. Mohd. Umar.

JUDGMENT :

Present Government Appeal has been filed against the judgment dated 06.07.2004, passed by learned Ist FTC/Additional Sessions Judge, Haridwar in Special Criminal Case No.16 of 2001, “State vs. Mahfooj”, by which, the respondent – accused has been acquitted of the charge under Section 8/15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, ‘‘Act, 1985”).

2. The prosecution case, briefly stated, is that on 26.06.2001, Sub-Inspector Gyanendra Singh Rana (PW1), Sub-Inspector Rajendra Kumar Tyagi (PW2) and Head Constable Sahab Singh (PW3) were present on patrolling duty. They received a secret information that a person is going towards Arya Nagar carrying poppy straw in his bag. In spite of an endeavour, no public witness could be secured. Accordingly, a raid was conducted. Respondent – accused was apprehended. On enquiry, he disclosed his name and address. He informed them that he had poppy straw in his bag. They apprised him that they intend to search him and whether he wishes to be searched in the presence of a Gazette Officer or a Magistrate. He gave his consent for being searched before them. Accordingly, a search was conducted. During the search of his

Click Here to Read the rest of this document