STATE OF H P Vs. JASMER SINGH

JUDGEMENT

(1.) State has appealed against the judgment, dated 20th January, 2000, of learned Sessions Judge, Sirmaur at Nahan, whereby respondent Jasmer Singh, who was tried for an offence, under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, has been acquitted.

(2.) Prosecution's case is that on 2.7.1999, around 9 in the evening, when PW-7 Shri O.P. Yadav, Inspector/Incharge, CIA Staff, Nahan, accompanied by one SI, one HC and one constable, was present at Paonta Sahib, near Government Senior Secondary School (Girls), he saw the respondent occupying the seat meant for passengers on a cycle-rickshaw, which was being paddled by PW-2 Mehfooz Ali. On seeing the police, respondent got Whether reporters of the local papers may be allowed to see the judgment? unnerved. That aroused the suspicion of PW-7 Inspector O.P. Yadav. He made inquiries with the respondent and felt that the respondent was carrying Charas or some other narcotic drug. So, he informed the respondent that it was intended to search his person and in case he so desired, search could be arranged in the presence of a Magistrate or a Gazetted Officer. Respondent opted for being searched on the spot. Thereafter, his person was searched and a polythene bag, containing 500 grams Charas, was recovered from one of the pockets of the pants, which he was wearing. Two samples, each weighing 100 grams, were separated. The samples and the bulk stuff were made into three separate parcels, which were sealed with a seal that produced the impression of English letter `S'.

(3.) Report of search and seizure was prepared and sent to Police Station for formal registration of the case. That report is Ext. PF. FIR, which was registered on the basis of this report, is Ext. PF/1. All the three parcels were produced to PW-5 Dhani Ram, SHO, who affixed his own seal that produced impression of English letter `M'. One of the two samples was sent to Chemical Examiner by PW-3 MHC Bhim Singh through PW-4 Constable Atam Swarup. Chemical Examiner, vide report Ext. PL, opined that sample was of Charas, as it contained resin to the extent of 26.87%.