STATE OF H.P. Vs. CHARAN DASS

JUDGEMENT

(1.) THIS is an appeal filed by the State of H.P. under Section 378 Cr.P.C. against the judgment of the Court of learned Sessions Judge, Sirmour District at Nahan, dated 28.2.1992, vide which the respondent was acquitted of the charge framed against him under Section 15 of the Narcotic Drugs and Psychotropic Substances Act.

(2.) BRIEFLY stated, the facts of the case are that on 2.5.1991 PW -8 SI Om Parkash, posted at Police Station Paonta Sahib was present at the Barrier Yamuna Bridge alongwith other police officials for checking of the vehicles. At about 3.15 P.M., a Bus bearing registration No. CH -01G -5068 came from Dehradun to Chandigarh side. It was checked at the Barrier. PW -8 S.I. Om Parkash found the accused sitting on seat No. 5 on the back side of the driver' seat and was holding a cloth bag with his hands placed on his lap. On searching the bag, it was found that it contained a polythene bag containing Poppy Husk. On boarding the roof of the bus, it was found that one hold -all of bedding was lying there and conductor informed the Investigating Officer that it belonged to the accused. It was also brought down and two jute bags were found containing 15 Kgs. each of Poppy Husk was recovered. Samples of 100 grams each were taken out from all the three bags as per the procedure and these were taken into possession. On completion of the investigation, the challan was filed before the Court of learned Sub Divisional Judicial Magistrate, Court No. 1, Paonta Sahib, who committed the case to the learned Sessions Judge, who tried the respondent as detailed above, leading to his acquittal.

(3.) TO substantiate its case, the prosecution has examined 8 witnesses. PW -8 S.I. Om Parkash, Investigating Officer was the Incharge of the raiding party, who has stated that he found the accused sitting on seat No. 5 on the back side of the driver's seat holding a cloth bag with his hands placed on his lap. Two jute bags were found containing 15 Kgs. each of Poppy Husk, while the cloth bag was found containing 500 grams of Poppy Husk. He also enquired from the accused and the conductor and it was found that one hold -all of bedding belonging to the respondent was also lying there, which information was given by the conductor and the accused admitted the same belonging to him. On searching of the bag, two jute bags containing 15Kgs. each of Poppy Husk were found and one sample was taken from each of the bags. It was sealed on the spot. These were taken into possession vide Memo Ext. PB, which was attested by Chhavi Parkash, conductor and Jagdish Singh, driver of the bus. He prepared Rukka Ext.PC and FIR Ext. PD was registered. He prepared the site plan and completed the investigation at the spot.