STATE OF H.P. Vs. MADAN LAL

JUDGEMENT

(1.) THE present criminal appeal has come up for consideration after leave to appeal under Section 378(3) of the Code of Criminal Procedure has been granted in reference to the impugned judgment dated 1.6.2000, passed by the learned Special Judge, Kangra at Dharamshala, in Sessions Case No. 30 -D/VII/1999, acquitting the alleged accused for the offence under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short Act) in reference to FIR No. 96 of 1999.

(2.) THE prosecution case is that on 10.4.1999, PW -8, ASI Kishan Lal, Investigating Officer, alongwith ASI Chain Lal, PW -6 and other police officials were present in Kotwali Bazar, area at about 2.15 p.m. where they received secret information that accused Madan Lal deals in selling of illicit liquor. The raiding party was constituted and two independent witnesses PW -1 Girdhari Lal and PW -2 Partap Chand were also associated. The personal search of accused was carried out and thereafter search of the shop of the accused was made and one polythene bag, wrapped in a cloth, was found in the shelf of the shop from which charas weighing 150 grams, was recovered, out of which a sample of 20 gram was taken and sealed with seal impression 'A', and sample was sent to the Chemical Examiner. After completion of investigation accused -Respondent was charged for the offence under Sections 20 of the Act.

(3.) PW -1 Girdhari Lal, labourer has stated that he was sitting at the chowk while police took him to the police station where he was asked to put his signatures on papers. As per testimony of PW -1 neither search of the shop of the accused was conducted nor anything was recovered in his presence.