STATE OF H.P. Vs. GOPAL DASS @ PINKI

JUDGEMENT

(1.) THE present Criminal Appeal has come up for consideration after granting leave to appeal under Section 378(3) of the Code of Criminal procedure in reference to judgment dated 9.11.1999, passed by learned Special Judge, Kullu, H.P. in Sessions Trial No. 1 of 1999, for the offence under Section 18 and 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act'), whereby the alleged accused / Respondent was acquitted.

(2.) THE prosecution case is that on 14.10.1998, Shri Sanjay Kundu, Superintendent of Police Mandi accompanied by Kripa Ram S.H.O and Krishan Dass LHC while coming to Mandi stopped at Narla and Superintendent of Police went tea stall to take tea, whereas other police officials started patrolling at Narla bazaar. P -11, Sub Inspector Kripa Ram received reliable information that accused Gopal Dass alias Pinki deals in the sale of charas in his shop and that he keeps charas in the cloths worn by him. PW -1 Joginder Singh and PW -2 Govind Ram were also sitting in the shop of accused Gopal Dass at that time. Personal search of the accused was taken by the Superintendent of Police and SHO. From the pocket of pant of the accused a polythene packet containing charas was recovered. This charas was weighed and found 50 grams. Thereafter, the search of the shop of the accused was taken and another polythene packet was recovered which contained opium which was also weighed to be 10 grams. Poppy head weighing 40 grams were also recovered. Two samps each were separately drawn. All the three offending articles and the sealed samples were sent to the C.T.L. Kandaghat who found the samples to contain charas and opium and poppy head. After completing formalities and on completion of investigation, the Respondent/accused was charged for the aforesaid offences.

(3.) JOGINDER Singh (PW -1) and Govind Ram (PW -2) associated in the search, however, not supported the prosecution case. Both have not supported the search and recovery of contraband goods. Govind Ram PW -2 has put signature under pressure.