UNION TERRITORY Vs. RAM PARKASH

JUDGEMENT

(1.) WE have heard the learned counsel for the parties besides perusing the record.

(2.) RAM Parkash-appellant was apprehended by Assistant Sub Inspector Shiv Ram of C.I.A. Staff, Chandigarh, on January 28, 1986, at 5.30 p.m. near the chowk of Timber Market, Sector 26, Chandigarh, when he tried to slip away at the sight of the police party. His personal search yielded the recovery of 30 grams of Charas.

(3.) THE learned Sessions Judge, Chandigarh, framed a charge for offence under Section 20 of the Narcotic Drugs and Psychotropic Substance Act, 1985 (for short 'the Act') against the accused. The accused, however, pleaded not guilty to the same and claimed trial. The case was then posted for recording the prosecution evidence. On the later date, the accused moved an application for his discharge by relying upon the judgment of this Court in Karam Singh v. State of Punjab, 1987(1) Recent Criminal Reports 598 : 1987(2) Chandigarh Law Reporter 240. The trial Court discharged the accused without recording any evidence of the prosecution by observing in para 8 of the judgment as under :-