STATE OF H.P. Vs. DESH RAJ

JUDGEMENT

(1.) THE present Criminal Appeal has come up for adjudication after the grant of leave to appeal under Section 378(3) of the Code of Criminal Procedure has been granted in reference to judgment dated 21.4.1997, passed by Learned Sessions Judge, Kangra at Dharamshala, H.P., in Sessions Case No. 11 -N/VII -1996, under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'NDPS Act'), acquitting the alleged accused/respondent.

(2.) THE prosecution case is that on 18.1.1993, SHO Mohinder Singh alongwith other police officials was present at Indora Gharat, where he received a secret information that accused is coming alongwith a bag containing contraband goods/charas. After receiving such information, raiding party was constituted and on seeing the police party, accused tried to run away, however, was apprehended. Accused -respondent was questioned that whether he wants to be searched by the police officials or before some gazetted officer, on his agreeing, search was made and charas was recovered wrapped in polythene. The recovered charas was weighed and it was found to be 2 kg. 500 grams. Out of the recovered charas, ten grams was taken out as sample and then sample and remaining charas were separately sealed and taken into possession. Thereafter, rukka was sent to police station, on the basis of which FIR was lodged. Sample was later on sent for chemical examination.

(3.) THE prosecution examined PW.1 Chunni Lal, an independent witness, PW.2 ASI Bhagwan Singh, PW.3 Head Constable Joginder Paul and PW.4 Inspector Mohinder Singh, Investigating Officer.