THE STATE OF H.P. Vs. SANT RAM

JUDGEMENT

(1.) STATE has appealed against the judgment, dated 1st September, 1992, of learned Sessions Judge, Chamba, whereby respondent, Sant Ram, who was charged with and tried for the offence, under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, has been acquitted.

(2.) CASE of the prosecution, as per trial Court's record, is like this. On 01.02.1992, around 4 p.m., when, SI Bidhi Chand, (PW -8), SHO, Police Station Dalhausie, was present at a place called Tunnuhatti, two persons, including respondent Sant Ram, alighted from a bus that came from Chamba side. Respondent, Sant Ram, was carrying a bag. Bidhi Chand (PW -8) suspected that the respondent was carrying some contraband in the bag. Two independent witnesses, namely PW -1 Mohan Singh and PW -2 Tek Chand, were already with PW -8, Bidhi Chand. In the presence of those two witnesses, Bidhi Chand (PW -8) searched the bag, which the respondent was carrying. It was found to contain charas, which weighed 800 grams. A sample, weighing 10 grams, was separated from the recovered stuff and sealed in a separate parcel with a seal that produced the impression of letter 'K'. Bulk charas was made into a separate parcel, which too was sealed. Specimen impressions of the seal were taken on a separate piece of cloth. Both the parcels and the specimen seal impressions were deposited with the Head Constable Dev Raj (PW -3), who sent the sample parcels to the Chemical Examiner, Kandaghat. The Chemical Examiner reported that the contents of the sample parcels were of charas.

(3.) PROSECUTION examined eight witnesses to prove the charge. Trial Court has acquitted the respondent, holding that the two witnesses of search and seizure, examined to corroborate the testimony of PW -8, Bidhi Chand, are under the influence of the police and also their testimony is self -contradictory, besides being contradictory to the statement of Bidhi Chand.