STATE OF HIMACHAL PRADESH Vs. EDWARD SAMUAL CHARETON

JUDGEMENT

(1.) Feeling aggrieved by the judgment, dt. 29-8-1998 passed by the learned Sessions Judge, Kullu and Lahaul Spiti Division at Kullu, whereby the respondent-accused (hereafter referred to as 'the accused)' has been acquitted of a charge under S. 20 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as 'the Act'), the State has preferred the present appeal.

(2.) Case of the prosecution, in brief, is that on 18-11-1996 at about 2.40 p.m., when ASI Baldev Singh (PW 16) along with PW 9 Prem Singh, HHG, HC was on patrol duty in Manali bazar, he received a secret information that Edward Samual, the accused, was dealing in 'Charas' and even at that time he was leaving bus stand Manali along with his luggage and 'Charas' could be recovered from his possession. On receipt of this information, Baldev Singh, ASI constituted a raiding party consisting of Kahan Singh (PW 15) and Jiwan Sood (PW 14). Then he drew up a 'Ruqua' Ext. PD and sent the same to Police Station, Manali for registration of a case under S. 20 of the Act on the basis of which FIR. Ext. PE was recorded in the said Police Station. ASI Baldev Singh thereafter proceeded to the bus stand where he found accused carrying a gunny bag on his back and was boarding bus HP-33-1853 bound for Delhi. ASI Baldev Singh inquired the name and address of the accused and informed him that he was to be searched because of the suspicion that he was carrying 'Charas' and that he could opt for his search by some Gazetted Officer or the Magistrate or by him. The accused consented for search by the said ASI who thereafter conducted the search in the presence of the members of the raiding party. On checking of the gunny bag which the accused was carrying, some utensils and one helmet were found therein. Inside the helmet, two plastic bags, one containing 1 Kg. of 'Charas' and another containing 2 Kgs. and 200 grams of 'Charas' were recovered. 'Charas' samples were taken from both the bags. Thereafter the samples and the remaining 'Charas' were separately sealed and were taken in possession. The other legal formalities were completed thereafter and the samples of 'Charas' were sent to Central Forensic Science Laboratory, Chandigarh for analysis. As per the report Ext. PK received from the said Laboratory, the samples were found to be 'Charas' (cannabis). On being satisfied of the commission of offence by the accused, the officer incharge of Police Station, Manali submitted a charge-sheet against the accused who was tried by the learned Sessions Judge, Kullu on a charge under S. 20 of the Act.

(3.) To prove the charge against the accused, prosecution examined as many as 16 witnesses.