STATE OF HP Vs. GOPAL DASS ALIAS PINKI

JUDGEMENT

(1.) Miss Kiran Dhiman, Advocate is requested to assist the Court as amicus-curiea and she has kindly agreed for the same.

(2.) 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 24.5.1997, passed by learned Additional Sessions Judge, Mandi, (H.P.) in Sessions Trial No. 1 26 of 1996, whereby respondent-accused has been acquitted for the offence, under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ( in short `ND&PS Act').

(3.) The prosecution case in brief is that on 1.6.1996 at 9.30 A.M. SI/SHO along with ASI Ranjit Singh, HC Deva Nand and LHC Hukam Chand while checking vehicles noticed a Fiat Car coming from Mandi side going towards Jogindernagar having registration No. 29-0306 driven by young person and other person sitting in the car and when the car was stopped, the occupants of the car tried to ran away, however, they were overpowered by the police officials and on suspicion, they told their name as Gopal Dass alias Pinki and Khem Singh son of Himmat and they were giving notice whether they wanted to be searched by police official or gazetted official or a Magistrate, on which Gopal Dass gave in writing that he would give search before the Sub Divisional Magistrate, Jogindernagar on which he was taken to Sub Divisional Magistrate, Jogindernagar and search was made and contraband goods charas 4kgs and 500 grams was recovered from the bag of Gopal Dass alias Pinki and two samples of 50 grams each were taken out and put in two different packets and same were sealed and seal impression was given and same were sent to Chemical Examiner and respondent-accused was charged for the aforesaid offence and case was committed to Sessions Court.