STATE OF H P Vs. KEWAL RAM

JUDGEMENT

(1.) This is State's appeal against the judgment of acquittal, dated 31st August, 1999, delivered by learned Additional Sessions Judge, Shimla, whereby respondents Kewal Ram and Birsi Singh alias Birgha Singh, who were tried for an offence under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, have been acquitted.

(2.) Prosecution's case is that on 25th March, 1999, some Panchayat elections were taking place in village Balghar. HC Mool Raj (PW-7) and LHC Subhash Chand (PW-6) had been deputed to maintain law and order during that election. When they were present near the Panchayat Ghar, where the elections were going on, PW-7 HC Mool Raj Whether reporters of the local papers may be allowed to see the judgment? received information from some informer that two persons, present in a nearby rain shelter, were having Charas. HC Mool Raj then accompanied by PW-6 LHC Subhash Chand and some local persons went towards the rain shelter, which was at a distance of 30 feet only.On seeing the police people approaching them, respondents Kewal Ram and Birsi Singh, who were present in the rain shelter, tried to escape. Before that respondent Kewal Ram took away a bag, which respondent Birsi Singh was carrying.He ran towards a nullah, in one direction, and Birsi Singh ran in another direction, i.e. towards the bridge. Respondent Kewal Ram was given a chase by HC Mool Raj, while respondent Birsi Singh was chased by PW-6 LHC Subhash Chand. Both of them were captured and brought to the rain shelter. Respondent Kewal Ram, on enquiry, told that the bag, which he was carrying, contained Charas. It may be stated that according to the prosecution when respondent Kewal Ram ran towards nullah, he fell down and sustained injury. HC Mool Raj, who was chasing respondent Kewal Ram, also fell down and he too sustained an injury on his head.

(3.) After the two respondents had been brought to the rain shelter by the abovenamed police officials, report Ex. PW-6/A was drawn up by PW-7 HC Mool Raj and sent to Police Station for formal registration of case. FIR Ex. PW-6/B was registered at the Police Station.