STATE OF HP Vs. MUNNA LAL

JUDGEMENT

(1.) Mr.Ajeet Saklani has been requested to assist this Court as amicus-curiae and he has agreed for the same. The documents are being provided to him.

(2.) The present criminal appeal has come up for consideration after the leave to appeal has been granted under Section 378(3) of the Code of Criminal Procedure, in reference to judgment dated 19th June, 1996, passed by learned Additional Sessions Judge, Shimla, H.P., in Sessions Trial Whether the reporters of the local papers maybe allowed to see the judgment? No.10-S/7 of 1992, thereby acquitting the respondent / accused under Section 18 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (for short `NDPS Act').

(3.) The prosecution case, in brief, was that on 20.12.1991 at about 5 P.M., PW-8 Govind Ram, Inspector S.H.O., Police Station, Sadar, Shimla, while on routine patrol duty, was proceeding from Police Station, Sadar towards Chhota Shimla via Bye-Pass Road along with one A.S.I. and four constables and when the police party was approaching Darni Bagicha, PW-8 associated PW-1 Kishori Lal, son of Sant Ram and PW-7 Kishori Lal, son of Narian Dass. After covering some distance, the police party noticed the respondent / accused coming from the opposite side. On seeing the police, the respondent / accused got scared and tried to escape, as such, on suspicion, he was over powered by the police. The respondent was given an option of his personal search before a Gazetted Officer or by the police party present on the spot for which the respondent had agreed of his search by the police party, headed by PW-8. PW-8 had offered himself for search by the witnesses and nothing incriminating had been recovered from the person of PW-8. PW-8, in presence of witnesses, PW-1, PW-7 and other police officials, searched the person of respondent and 1700 grams opium Ext.P-2 was recovered from the bag Ext.P-1 being carried by the respondent / accused. Two samples of 25 grams each were taken by the police for analysis by the Chemical Examiner. The sample packets and the rest of the opium was duly sealed with seal `YR' and had been taken into possession vide recovery memo Ext.PW-1/A. The sample packets of opium were sent for Chemical Examination and vide report Ext.PX, the respondent / accused was said to have been carrying opium. After investigation, the respondent / accused was charged for the aforesaid offence and the case was committed to the Sessions Court.