STATE OF H.P. Vs. MAHESH CHAND

JUDGEMENT

(1.) THE present criminal appeal has come up for consideration after the leave to appeal has been granted under Section 378(3) of the Code of Criminal Procedure, in reference to judgment dated 19.8.1999 passed by learned Special Judge, Solan, HP, in Case No. 8 -S/7 of 1999, thereby acquitting the respondent / accused for the offence under Section 20 of Narcotic Drugs and Psychotropic Substances Act, in reference to case FIR No. 46/99.

(2.) THE prosecution case is that police party apprehended the accused/respondent when he was standing outside post office and after seeing the police officials, started running. Therefore, on suspicion, he was apprehended and on personal search, 350 grams of 'Charas' was recovered from the accused/respondent which was concealed below his belt inside his shirt and sweater. Two samples were taken and the remaining 'Charas' was sealed separately. Samples were sent for chemical examination. On investigation, the accused/respondent was charged for the aforesaid offence and the case was committed to session trial.

(3.) THE prosecution has examined PW -1, Chander, independent witness, PW -2 Constable Hardev Singh, PW -3 Constable Rajender Singh, PW -4 HC Rajesh Kumar, PW -5 HC Yogender Singh, PW -6 D.D. Sharma, Inspector/SHO, PS, Solan, PW -7 ASI Prithvi Raj, PS, Solan, PW -8 Brahma Nand, an independent witness, PW -9 Varinder Kumar, ASI, PP Saproon and PW -10 Vijay Kumar, HC, Police Line, Solan.