(1.) THIS appeal by the State is directed against the judgment dated 28.06.1996, delivered by the learned Additional Sessions Judge, Sirmaur District at Nahan in Sessions Trial No. 17 -N/7 of 1995 acquitting the accused of having committed an offence punishable under Section 15 of the of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "the Act").
(2.) THE prosecution case, in brief, is that on 21.09.1994, Sub -Inspector Mahant Ram PW -8 alongwith Head Constable Chaman Lal and certain other Police officials, was on patrolling duty near Bus Stand, Paonta Sahib. Accused was present at the Bus Stand. He was having a bag and a card -board box with him. On seeing the Police, he tried to run away. The Police Officials caught hold of him. The consent of accused was obtained for his search vide memo Ex. -PK. The accused thereafter stated that he should be searched in the presence of the Deputy Superintendent of Police vide Ex. -PH. Thereafter, he was taken to the house of Deputy Superintendent of Police, Paonta Sahib. Puran Chand PW -2 was called to the house of Deputy Superintendent of Police, Paonta Sahib alongwith scale and weights and after search of the accused, 5 packets of poppy husk weighing 1 Kg. each were recovered from the Card -board box and 6 packets of poppy husk weighing 1 kg. each were recovered from the bag. From the packets recovered from the bag, 200 grams of poppy husk was separated and from the packets of the cardboard box also, 200 grams of poppy husk was separated for chemical analysis. These packets were weighed by PW -2 Puran Chand, shopkeeper using his scale and weights. The recovered poppy husk and the sample packets were sealed with seal impression 'T' and taken into possession vide memo Ex. -PA. The seal was handed over to Rustam Ali PW -1. After completion of investigation, Rukka was sent to the Police Station, on the basis of which, F.I.R. Ex. -PE was recorded. The accused was arrested after completion of all the codal formalities. PW -8 Mahant Ram deposited the sample packets and bulk case property with M.H.C. at Police Station, Paonta Sahib. The samples were sent to the Chemical Examiner and report Ex. -PO was obtained, according to which, the sample was of Poppy straw. Therefore, the accused was challaned for having committed the offence aforesaid.
(3.) PW -3 Shri Devinder Thakur was the Deputy Superintendent of Police at the relevant time. According to him, at about 4:45 A.M. PW -8 Mahant Ram alongwith witnesses Rustam Ali PW -1 and Dila Ram PW -6 came to his house alongwith accused. Thereafter, the accused was searched and the contraband was recovered from him.