STATE OF H.P. Vs. BHUMI RAM

JUDGEMENT

(1.) THE present Criminal Appeal has come up for consideration by virtue of granting leave to appeal under Section 378(3) of the Code of Criminal procedure in reference to judgment dated 1.12.1999, passed by learned Special Judge, Kullu, H.P. in Sessions Trial No. 4 of 1999, for alleged offence under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act'), whereby the alleged accused / Respondent was acquitted.

(2.) THE prosecution case is that on 25.10.1998, the SHO alongwith other police officials were going towards Manikarn near Hurludhar at about 3.00 PM. The accused on seeing the police ran away. Accused was apprehended and police got him. After obtaining his consent, on search of his bag 2.00 Kg of charas was recovered from the accused. Out of the recovered 'charas' two samples of 25 grams were taken and the case property and samples were sealed at the spot. Investigation was made and the Respondent/accused was charged for the offences under Section 20 of N.D.P.S.Act.

(3.) AFTER going through the testimony of the prosecution witnesses PW -4 Gangbir Singh, it shows that he recorded FIR and sent the sample of charas to CTL Kandaghat.