STATE OF H.P. Vs. PREM SINGH

JUDGEMENT

(1.) RESPONDENT 's acquittal, on a charge, under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, by the Sessions Judge, Shimla, has been assailed by the State in the present appeal.

(2.) CASE of the prosecution, as it emerges from the evidence on record, may be stated. On 26.11.1994, PW -5 Govind Singh, Dy. S.P. was on his way to Nerwa from Chopal. He was travelling by a government vehicle. Around 6.30 p.m., when the vehicle reached a place called Khadar Nalla, respondent gave signal for stopping it. Vehicle was stopped at a short distance. When the respondent reached near the vehicle and saw PW -5 Govind Singh in uniform in the vehicle, he got unnerved and tried to run away. He was overpowered by PW -5 Govind Singh, with the help of police officials, including PW -4 HC Mohinder Kumar, accompanying him. It having grown dark, respondent was taken to Nerwa. There PW -1 Hira Singh, Pardhan of the Panchayat and one other person, Raj Kumar, member of Gram Panchayat, were called and in their presence, bag, which the respondent was carrying on his shoulder, was searched. It was found to contain Charas, which weighed 3 Kgs. Two samples, each weighing 50 grams, were separated. Separated samples and the bulk stuff were sealed into three separate parcels with a seal that produced impression of letter 'H' of English alphabet. All the three parcels were deposited with PW -3 H.C. Paramjit of Police Station, Chopal, who sent the two samples to Chemical Examiner. Sample was opined to be of Charas.

(3.) PROSECUTION examined PW -1 Hira Singh, Pardhan of the panchayat, PW -4 HC Mohinder Kumar and PW -5 Govind Singh, to prove the search and seizure. It examined PW -3 MHC Paramjit Singh to link Chemical Examiner's report Ext. PX, with the recovered stuff.