LAWS(HPH)-2010-9-88

STATE OF HP Vs. ASHOK KUMAR

Decided On September 21, 2010
STATE OF HIMACHAL PRADESH Appellant
V/S
ASHOK KUMAR Respondents

JUDGEMENT

(1.) The present criminal appeal has come-up for consideration after leave to appeal under Section 378(3) of the Code of Criminal Procedure has been granted, in reference to the impugned judgment dated 7.10.1998, passed by learned Addl. Sessions Judge, Sirmaur District Mahan, H.P. in Sessions Trial No. 9-N/7 of 1997, acquitting the respondents-accused for the offence, under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ( in short "ND&PS Act"), in reference to FIR No. 112/95, dated 4.12.1995.

(2.) The prosecution case is that on 4.12.1995, Dy. S.P. Sobha Ram (PW-6) along with H.C. Mohan Singh, Constable Sita Ram and Constable Hari Nand left Police Station around 3.30 A.M. in connection to enquire the murder case by Gipsy bearing No. HP-03-838, when they reached Taproli at about 6.00 A.M. noticed that a Maruti Van bearing No. HP-02-4470 was coming from opposite side which was stopped and respondents-accused were found sitting. On suspicion, the search of Dicky was made from which polythene bag Ext.P1 and a red cloth bag Ext.P2 were recovered from which charas containing one kg. was recovered in presence of Sahi Ram (PW- 3) and 600 grams of charas was also recovered in red cloth bag, out of which ten grams each of two samples were taken and remaining charas sealed with seal impression `N' and same were sent to chemical examination. On investigation, all the respondents-accused were charged for aforesaid offence and the case was committed to Sessions Court.

(3.) In order to prove its case, the prosecution examined as many as six witnesses, whereas, the respondents-accused through their statements under Section 313 Cr.P.C. denied the prosecution case.