STATE OF H.P. Vs. SAT PAL

JUDGEMENT

(1.) THE present criminal appeal has come up for consideration after leave to appeal has been granted under Section 378(3) Cr.P.C., in reference to the impugned judgment, dated 1.11.1996, passed by the learned Additional Sessions Judge, Mandi, H.P., in Sessions Trial No. 10 of 1996, acquitting the respondent -accused for the alleged offence, under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short called as 'the NDPS Act').

(2.) THE prosecution case is that on 2.12.1995, a secret telephonic information was received in Police Station at 8.30 p.m. that in Kullu -Chandigarh bus 'Charas' is being carried, as such, Dhian Singh, ASI informed Additional Superintendent of Police/Deputy Superintendent of Police and they constituted Police team comprising of Harbans Singh, Dev Ram and Dharam Pal Constable. They went towards Barrier of Bindraban in a Government Jeep No. HP -33/2355 being driven by Nainu Ram. ASI Dhian Singh stopped the H.R.T.C. Bus No. HP -18 -3553 and started checking. The accused sitting on seat No. 40, was found to carry contraband goods and on inquiry he told his name as Sat Pal. The said Bus was taken to the Police Station and thereafter in the Police Station the police recovered and weighed the Charas. It was found 2 kilograms and 500 grams and after taking samples and putting in different packets the same were sent to Chemical Examiner. A case under Section 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985 was registered at Police Station, Sadar Mandi. After completion of the investigation, accused was challaned and case was committed to the Sessions Court.

(3.) PW -1 Roop Chand, Driver has stated that on 2.12.1995, he was driving the above stated bus from Manali to Dehradun with one Shri Amarnath, Conductor of the bus at about 8.45 p.m. at Forest Barrier, Bindraban near Mandi, the police on search recovered 'Bhang' in the luggage of the accused -respondent. On direction of the police, he drove the bus to the Bus stand and thereafter to the Police Station. The accused -respondent was also taken to the Police Station. On opening of bag by the police, charas was recovered.