STATE OF H.P. Vs. SARITA DEVI

JUDGEMENT

(1.) THIS appeal by the State is directed against the Judgment dated 31.7.1999 delivered by the learned Special Judge, Solan in Case No. 13 -S/7 of 1999 whereby she acquitted the accused of having committed an offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (herein referred to as the Act).

(2.) THE prosecution story, in brief, is that on 13.3.1999 PW -7 Nand Lal, ASI, Police Station, Ram Shehar, alongwith PW -6 Des Raj, SHO was on patrolling duty. PW -6 received secret information that one lady by the name of Sarita was sitting in a bus. According to the information this lady was carrying charas with her. He alongwith other police officials went to stop the bus and sent a telephonic intimation to the Police Station Nalagarh to send a lady official since there was no lady constable available at Ram Shehar. The bus was stopped at a place known as Swarg Dwari. According to PW -6 accused Sarita Devi was sitting on a bench having three seats. There were two men sitting with her. All the other passengers in the bus were made to get down and the two persons as well as the accused were asked to remain seated in the bus. In the meantime, PW -5 Dy. S.P. Bindu Rani reached the spot, who then directed the three persons to get down from the bus. An option was given to the accused whether she wanted to be searched before the police officials or not. She agreed to be searched by the police officials. Thereafter, the witnesses as well as the police officials gave their personal search and the accused was searched. She was found carrying a polythene bag in which there was charas. On weighment this charas was found to weigh 250 grams. Two samples of 10 grams each were drawn from the bulk charas. Thereafter the bulk charas and the two samples were sealed in three separate packets with seal "A". Rukka Ext.PW -4/A was sent to the Police Station and special report Ext.PW -5/B was sent to the Superintendent of Police. Other codal formalities were completed at the spot and the accused was arrested after informing her about the grounds of arrest. Thereafter one of the samples was sent for chemical examination to CTL Kandaghat and on analysis it was found to be charas. On the basis of the material collected a challan was filed in the Court and the accused was charged with having committed the aforesaid offence. The learned trial Court acquitted the accused. Hence the present appeal.

(3.) HAVING held so, we now come to the third aspect of the matter i.e. link evidence. The search was carried out under the supervision of PW -5 Dy. S.P. Bindu Rani. She only stated that the samples were sealed and the same was handed over to Daulat Ram. She does not state what was the seal actually affixed. In our opinion, the person who appears in the witness box to prove the recovery must give description of the same.