STATE OF H P Vs. DESHO

JUDGEMENT

(1.) The State has come in appeal against the acquittal of respondent by the learned Sessions Judge, Chamba on 25.7.1997 in Sessions Case No. 17 of 1997 under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act').

(2.) The prosecution story, in brief, is that on 9.11.1996 at about 3.30 PM, PW-9 Jeet Singh SHO, Police Station Kihar was patrolling in village Garjindu alongwith PW-2 Sadiq Mohammad Head Constable, PW-5 Desh Raj Constable, ASI Bhagwan Dass, Madan Gopal Head Constable, Raj Kumar, Hoshiar Ram, Kamal Kashyap Constables, PW-1 Chain Lal and Bansi Lal. It was noticed by police party that respondent Desho was running away near his house. PW-9 Jeet Singh apprehended respondent, who was carrying a bag. PW-9 suspected that respondent was carrying some contraband, therefore, he wanted to conduct the search of respondent. PW-9 conducted the search of the bag of respondent for which the respondent gave his consent vide writing Ext.PA.

(3.) On search of the bag of respondent, charas weighing 3 Kgs was recovered. The sampling and sealing was done on the spot, sample was put in sealed parcel, which was sealed with seal 'S'. The remaining charas was also put in sealed parcel which was sealed with seal 'S'. The grounds of arrest were disclosed to respondent by PW-9. Ext. PF rukka was sent to Police Station Kihar on the basis of which FIR Ext. PG was registered under Section 20 of the Act against Desho. The statements of witnesses were recorded, site plan was prepared so also the other documents. The sample of charas was sent to Chemical Examiner, Kandaghat. On receipt of Chemical Examiner report Ext.PM, it was found that the contents of sample were that of Charas. On completion of investigation, challan was presented in the court. The respondent was charged under Section 20 of the Act, who pleaded not guilty and claimed trial.