STATE OF H.P. Vs. RANJAN KUMAR CHADHA

JUDGEMENT

(1.) THIS Appeal by the State is directed against the judgment of the learned Sessions Judge, Kullu dated 31.3.1999 passed in Sessions Trial No. 44 of 1998 whereby the accused has been acquitted of having committed an offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act).

(2.) THE prosecution story, in brief, is that on 23.8.1998, PW -14 A.S.I. Lal Singh was on patrolling duty alongwith HC Mohan Lal (PW -12), Constable Sant Ram (PW -13) and Constable Baldev Dass (PW -6). At about 6.30 p.m. they were at Dhalpur when PW -14 ASI Lal Singh received secret information that one well built person wearing a white T -shirt and green trouser was present at Bus Stand Sarwari, ready to board a bus bound for Delhi. According to the informant, this person was carrying charas with him. The secret information was recorded by PW -14 and sent to S.P. Kullu through Constable Baldev Dass and copy of this report is Ext.PB.

(3.) TWO samples of 25 grams each were drawn from the charas and remaining charas was sealed with seal 'H'. Seal impression was also taken on the NCB form and seal was handed over to PW -9 Surinder Kumar. The charas was taken into possession vide recovery memo Ext.PK which was signed by the witnesses PW -9 Surinder Kumar, PW -10 Karam Singh and PW -12 Mohan Lal. The accused was informed of the grounds of arrest, sentence etc. vide memo Ext.PL. Ruqua Ext.PG was prepared and sent to the police station through constable Sant Ram. Site plan Ext.PP was prepared on the spot. Statements of the witnesses were recorded. Thereafter, PW -14 came to the Police Station alongwith the accused and deposited the case property including samples and the NCB form before the SHO who re -sealed the case property and samples with seal -X. One of the samples was sent for chemical examinations to CTL, Kandaghat and vide report Ext.PO the sample was found to be of charas having resin content of 33.58%. On this basis the accused was challaned with having committed an offence as aforesaid.