STATE OF H.P. Vs. VIKAS SHARMA

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) The present criminal appeal has come for consideration by virtue of granting leave to appeal under Sec. 378(3) of the Code of Criminal Procedure in reference to the judgment dated 17.1.1997, passed by learned Sessions Judge, Kinnaur, Sessions Division, Rampur Bushhar in Case No. 7 -R/2 of 1996, for alleged offence punishable under Sec. 20 of the Narcotic Drugs and Psychotropic Substance Act, 1985, whereby the alleged accused / Respondent was acquitted.

(3.) In order to adjudicate the present criminal appeal, it is necessary to give the brief facts of the prosecution case. On 21.1.1996, receiving the secret information, SHO Shyam Lal reached Shamshar along with police officials at about 3.00 PM. One person was spotted who had tried to run away after seeing the police party. However, he was apprehended and disclosed his name as Vikas Sharma. Vikas Sharma was wearing one Jacket and he was given in writing that there is doubt that he was in possession of 'Charas' and was asked as to whether he want to give his search to the police or wanted to be searched before any Magistrate or Gazetted Officer. He consented to be searched by the police officials and on search, plastic polythene envelope was recovered which was 'Charas' in the shape of 'Bhatti" and on weighing its weighed was found 1.200 kg, out of which the 25 Gms each was kept in different seal and two parcels were sent for chemical examination in the presence of the witnesses. FIR was lodged and accused was charged for the offence under Sec. 20 of NDPS Act.