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5. The Charas which was recovered from bag of 6.5 kg., two samples of Charas weighing 300 gram out of which 150-150 gram were taken as sample and sealed by the informant and rest of the Charas i.e. 6.2 kg. was kept in the said back along with the butts (bantkhara) of 1 kg, ½ kg and 200 gram and the scale (Taraju), the bag was chained. The back was kept in a white cloth which was sealed and the Charas which was recovered from accused Ombeer, Sauraj and Momeen were kept separately in a polythene bag and sample seal was also taken. A slip was fixed on the scale (Taraju) and was taken into custody. The fard recovery memo was prepared by Suraj Pal Singh on the dictation of the informant and thereafter the fard was readover and after understanding the same, the police party and the accused signed the same. Copy of the recovery memo was given to all the accused persons which was also signed by them. The recovery memo Ext. Ka-1 of the arrested accused and the recovered items were taken by the police party to the police station Kotwali where FIR was registered against the accused persons u/s 18/20 of N.D.P.S. Act and Chik FIR was prepared as Ext.Ka-8.

10. P.W.1 Vijay Kumar who is the informant of the case has deposed before the trial court that on 17.12.2003 he was posted as In-charge Inspector of Police Station Kotwali, district Muzaffarnagar and on the said date, he along with S.I Surajpal Singh, S.I. Iftqar Quraishi, H.C.P Subodh Kumar, Satyaveer, Constable Manoj, Deep Pal, Pankaj Kumar, H.C. Satbir Singh along with driver of official Jeep Virendra Singh were on patrolling duty for maintaining law and order and were in search of wanted accused, then they received an information from an informer at 12.12 noon at Chungi No.2 that in Mohalla Ram Leela Tilla, Brij Mohan, S/o Om Prakash is carrying on the business of illegal items, explosives and intoxicating articles. On receiving the said information and believing the information of the informer to be true, he proceeded towards Mohalla Ram Leela Tilla along with police force and tried to obtain the independent witnesses for the same but none of the witnesses were ready hence he ensured that none of the police personnel were carrying any illegal items with them, proceeded towards Mohalla Ram Leela Tilla at Gali No.5 and on the pointing out of the informer, the police party entered into the house of Brij Mohan and went into a room which was on the Eastern side and raided the same where they found six accused persons and has narrated in his statement the entire prosecution case and the recoveries made as has been set-out by him in the fard recovery memo/FIR, hence for the sake of brevity, the same is not being repeated. He further stated in his statement that a sealed bundle was opened in the Court with it's permission in which three big bundles and two small bundles were opened in which 500-500 gram of Charas was kept which was recovered from Ombeer, Sauraj and Momeen who had purchased the said contraband articles from accused Manga, Brij Mohan and Ram Kumar and two samples of sealed bundles were also sent for chemical analyst in which two bundles of 150-150 gm. were Charas which was recovered from Sauraj was marked as material Ext.-1 and the Charas which was recovered from Ombeer was marked as material Ext.-2 and Charas recovered from accused Momeen was marked as material Ext.-3, sample sealed was marked as material Ext.4 and 5 and one big bundle which was opened in the court in which 6.5 kg. of Charas was kept in the presence of all accused persons was marked as material Ext.8. From the said bundle there was one scale (Taraju) was found which was marked as material Ext.7 and the weight butt (bantkhara) of 1 kg, ½ kg and 200 gm. which were marked as material Ext.8, 9 and 10. A black polythene in which small packets of red colour polythenes in which Charas was kept which about weight was 25 gram and a scale was marked as material Ext.11 and further in a polythene bag Rs.38,521/- which were recovered from the business of sale of Charas and the said notes were marked as material Ext.12. In his cross-examination, the witness has stated that on the Scale (Taraju) a slip was affixed but it must have been torned while keeping the articles and case property. The articles kept in the cloth bag was sealed with a cloth and on the said bundle, there is his signatures and there is no signatures of any witness or accused or thumb impression. The said bundle relates to recovery made from the three accused. The police party had kept the articles contraband separately after weighing the same. From it 150-150 grams sample was weighed and taken out. It is correct that in the samples sealed, there is no signatures of the accused or the witness. The said article was in the lap of the accused Manga and the two accused Brij Mohan and Ram Kumar were sitting in the Varanda and the said accused had stated that they are engaged in the business of sale of Charas. In Ext.Ka-1 he had not disclosed that the said article was kept in the lap by the accused nor the same was stated in 161 Cr.P.C. statement. In-front of Brij Mohan, the scale (Taraju) and the butt (bantkhara) were kept and he was weighing with the same. From the scale of the weighing machine, no Charas was recovered. The work which was being done by him, he meant to say that he was selling the Charas and had sold the same to Momeen, Ombeer and Sauraj. He was in-front of scale (Taraju). The Charas which was sold to accused Momeen, the same was not weighed before him. He further stated that it is correct that there was no transaction of money before him. It was further stated by him that when the case property is submitted at the police station, endorsement of the same is made in the maal register and the said property/article is numbered by the malkhana moharir by his convenience. The witness stated that he cannot tell that how many times the case property was taken out from the malkhana and thereafter again kept in the malkhana. The case property was sent to the chemical analyst and how much percent was the density of intoxicant found, he does not know fard recovery memo was prepared and written at the place of occurrence and all the facts were written there only. Thereafter he did not make any writing on the same. On the personal search of the accused money was recovered or not, he does not know.

11. P.W.2 Surajpal Singh has deposed before the trial court that on 17.12.2003 he was posted at police station Kotwali, Muzaffarnagar and on that day he along with Inspector Vijay Kumar and other police persons were on patrolling duty in search of an accused. At 12.12 hours, they received an information at Chungi no.2 from the informer that in Mohalla Ram Leela Tilla, Brij Mohan, S/o Om Prakash is carrying on the business of explosives and illegal items is going on. On believing the same they along with police party reached there and he too has narrated in his statement the version given by P.W.1 before the trial court as well as the narration which was given in the fard recovery memo, hence for the sake of brevity, the same is not repeated. The said witness in his cross-examination has stated that he has prepared the fard recovery memo and prepared the same after keeping the carbon beneath. On the spot no money was recovered from the accused Momeen, Sauraj and Ombeer. The police station Kotwali is at a distance of 600-700 meter from Chungi No.2. On receiving the information from the informer, he did not contact the higher officials and at the time of the recovery also, no money was recovered from the accused persons. No sample was taken from the accused persons. He also did not inform the accused persons for being search before the Magistrate or higher officials and he also did not state anything regarding their legal rights. All the accused were searched one by one and accused were searched by all the police personnels. He had weighed the Charas on the Scale (Taraju) and thereafter mentioned the same in the fard recovery memo. In total 8 kg. Charas was recovered. The Scale (Taraju) was of steel and both the scales (palla) were of steel and all the recoveries made from the accused, their signatures were obtained on the same. He had also signed the bundle and regarding the other police personnels, he is unaware of the same. The house from where Charas was recovered to the Eastern Side of the room and the entry was also from the Eastern side of the door which was opened and he had come to know that the contraband article was Charas from the colour and the smell which was disclosed by the accused and he is aware about the smell of Charas and if the Charas and other article is kept before him, then he can identify that which article is Charas.

12. P.W.3 Subodh Kumar has deposed before the trial court that in the year 2003 he was posted at police station Kotwali as Head Constable and on 17.12.2003, he along with Inspector Vijay Kumar and other police persons had left the police station at Rapat No.28 at 12.12 hours in search of wanted accused and maintaining law and order and he was also a member of the raiding team who had raided the place of occurrence and he too had also supported the prosecution case as has been set-out in the fard recovery memo/FIR as well as in the statement of P.W.1 and P.W.2 hence for the sake of brevity, the same is not repeated. This witness in his cross-examination has stated that the recovery memo of four pages of the recovery memo was prepared at the place of occurrence. The notice prepared in compliance of Section 50 of the N.D.P.S. Act bears his signatures. He did not inform any higher police official about the incident. He did not make any search and he did not remember whether he apprehended any accused. All the accused were apprehended by the police party. The recoveries which were made from the accused and from the place of occurrence nothing about the same was mentioned in the fard recovery memo. From the three accused persons Ombeer, Sauraj and Momeen, no evidence was collected from them regarding the purchase of Charas. He does not remember whether any money was recovered from them or not. As the accused have disclosed that the contraband article was Charas, hence the same was mentioned. Whether at the time of occurrence whether the recovered article was Charas or not, he cannot tell. The accused did not see the police party prior to entering in the house and apprehending them. Whether any sample of recovered Charas was taken from accused Ombeer, Sauraj and Momeen, he does not know. Charas was recovered from the search of accused Mangey. From the accused Brij Mohan, Ram Kumar, no Charas was recovered.