STATE OF H.P. Vs. VARINDER KUMAR

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgment dated 26.2.1996 passed by the learned Sessions Judge, Una in Sessions Trial No. 23 of 1995 whereby the accused has been acquitted of having committed an offence punishable under Section 20 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act).

(2.) BRIEFLY stated, the prosecution story is that on 28.3.1995, PW -10 Sub Inspector Prem Singh who was working in the CID Branch at Shimla had gone to Hamirpur and Una for some official work in vehicle No. HIS -0654. The other persons who had gone with him were PW -8 Dy. S.P. Jaipal Singh, PW -7 HC Surinder Kumar, PW -3 HC Sri Ram and PW -4 Constable Sanjay Kumar. On 31.3.1995 PW -8 Dy. S.P. Jai Pal Singh went to the CID Unit Una. Thereafter, PW -10 SI Prem Singh along with PW -7 Surinder Kumar, PW -3 HC Sri Ram driver of the vehicle and PW -4 Constable Sanjay Kumar went in the vehicle on the Hoshiarpur road. At about 2.45 p.m. on 31.3.1995 they stopped their vehicle on the bridge across the Swan river at Jhalera. Here PW -10 S.I. Prem Singh received secret information that one person will soon be going towards Hoshiarpur side on his scooter along with a large quantity of charas. PW -10 reduced this information into writing and sent it to PW -8 Dy. S.P. Jai Pal Singh at the CID Unit Una. The writing Ext.PJ was sent to PW -8 through the driver of the vehicle PW -3 HC Sri Ram. He also recorded a memo Ext.PW -10/A for registration of the case. This memo was sent through Constable Sanjay Kumar, PW -4, to the Police Station, Una for registration of the case.

(3.) THEREAFTER , the accused was given an option of being searched before a Gazetted Officer or a Magistrate. The accused consented to be searched by Dy. S.P. Jaipal Singh who was a Gazetted Officer. A writing in this behalf was executed which is Ext.PF. Thereafter, Dy. S.P. gave his personal search to PW -10 vide memo Ext.PB. Then Inspector Pritam Singh, PW -6, gave his search vide memo Ext.PC. PW -10 gave his search to Dy. S.P. Jaipal Singh vide Memo Ext.PD. Personal search of both the independent witnesses Naresh and Jiwan Kumar was conducted vide Memo Exts. PE and PM. Then the two gunny bags were unloaded from the scooter. The smaller gunny bag was found to contain charas weighing 15 k.g. and 100 gms. The second gunny bag was also opened. This also contained charas which on being weighed was found to be 35 k.g. and 200 gms. From both the gunny bags two samples each, of 25 gms. were drawn i.e. four samples in all. All the four samples and the two gunny bags were sealed separately with seal 'S'. Seal impression was taken on a piece of cloth which is Ext.PK. Seal was handed over to PW Naresh Kumar. The charas was seized vide memo Ext.PA.