STATE OF HP Vs. ALI MOHD

JUDGEMENT

(1.) This appeal by the State is directed against the judgment dated 14.2.1997 passed by the learned Sessions Judge, Chamba Division, Chamba, in Sessions Case No.35 of 1995 whereby the accused has been acquitted of having committed an offence punishable under Section 20 of the Narcotic Drugs and Psychotropic substances Act, 1985 (hereinafter referred to as the Act).

(2.) The prosecution story, in brief, is that on 30.1.1995 at about 10 a.m. PW-8 Inspector Ramesh Pathania along with Head Constable Krishan Gopal, HC Ranjeet Singh, HC

(3.) Whether reporters of Local Papers may be allowed to see the judgment? Yes Mahinder Pal Singh, Constable Kuldeep Singh, Const. Gajinder Singh and Const. Madan Lal were present at Tunnuhatti Forest Check Post in connection with investigation of another NDPS case registered with Police Station, Dalhousie as FIR No.31 of 1995. The accused was seen coming on foot from Chamba side towards the Barrier. On seeing the police party he tried to rush back. This aroused the suspicion of the police officials who apprehended the accused. He was asked to disclose his identity. On questioning, he could not give any clear-cut explanation as to why he was coming towards Tunnuhatti side. Therefore, it was felt that he should be searched. An option was given to him of being searched either before the police officials or before a gazetted officer or Magistrate. He agreed to be searched before the police party. On his personal search a leather bag was found concealed under his pants. Inside this leather bag there was a sky coloured polythene bag and in this bag charas had been kept. This charas on being weighed was found to be 750 gms. One sample of 10 gms. was drawn from the bulk charas and thereafter the bulk charas and sample were both sealed with seal `T'. The contraband was taken into possession vide seizure memo Ext.PF. Seal impression Ext.PH was prepared on the spot. The accused was apprised of the grounds of arrest and thereafter arrested. Other codal formalities were completed at the spot. The sample was sent to the Chemical Examination for analysis who vide his report Ext. PM opined that the sample was of charas and on this basis challan was filed in the Court. The learned trial Court acquitted the accused on the ground that the recovery had not been proved in a proper manner and there were material contradictions in the statements of the police officials themselves and that the independent witnesses have not at all supported the prosecution version.