STATE OF H.P. Vs. SHIAM SINGH

JUDGEMENT

(1.) State has appealed against the judgment, dated 5.10.1990, of learned Sessions Judge, Shimla, whereby respondent Shiam Singh, who was charged with and tried for offence, under Sec. 20 of the Narcotic Drugs and Psychotropic substances, Act, for allegedly possessing 1.850 Kgs. Charas, has been acquitted.

(2.) Case of the prosecution, as per evidence on record, is that on 22.4.1989, PW-2 A.C. Sadhyal, the then Additional Superintendent of Police, Shimla, received telephonic information, in his office, that a person with specific description was coming to Shimla with Charas. He instructed SHO, Police Station, Chhota Shimla, namely PW-5 Kahan Singh to arrange search party and himself also proceeded to the Police Station. From Police Station he went towards Ram Chandra Chowk, accompanied by PW-5 SHO Kahan Singh and waited for the person, who was stated to be coming with Charas on motorcycle. After sometime, respondent appeared on a motorcycle. On search of the dickey of his motorcycle, Charas weighing 1.850 Kgs. was recovered, out of which 50 grams Charas was separated, by way of sample. The sample and the bulk Charas were sealed, separately. Sample was sent to Chemical Examiner, who opined that it contained 11.5% resin of Cannabis plant.

(3.) Trial Court has not believed the testimony of prosecution witnesses, holding that there are material contradictions. Also, it has been held that mandatory provisions of Sections 52 and 57 of the Narcotic Drugs and Psychotropic Substances Act had not been complied with.