STATE OF HP Vs. MAHESH SINGH

JUDGEMENT

(1.) This appeal by the State is directed against the judgement dated 15.12.1995 delivered by the learned Sessions Judge, Chamba in Sessions Case No. 21 of 1995 whereby he acquitted the accused of having committed an offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (here-in- after referred to as the Act).

(2.) The prosecution story, in brief, is that on 25.1.1995 PW-8 ASI Dharam Chand, who was incharge of the Reporting Room, Police Station-Dalhousie was going on foot from Tunuhatti towards Nainikhad. He was accompanied by HC Krishan Gopal, constables Jallo Ram, Desh Raj and Suresh Kumar, etc. When they reached near the Shiv Mandir they saw a Sadhu approaching from the opposite side. On seeing the police personnel, the Sadhu turned back and tried to run away. This aroused the suspicion of the police personnel who apprehended the Sadhu. In the meantime, a taxi came to the spot and two of the occupants of the taxi got down from the taxi and inquired why the Sadhu had been apprehended. These two occupants were PW-1 Vinod Kumar and one Pritam Singh. The Sadhu was questioned about his name, etc. and he was also told that there was apprehension that he was carrying some contraband substance and therefore he would be searched.

(3.) An option was given to him whether he would like to be searched before a Magistrate or Gazetted Officer or before the Police Official itself vide memo Ext.PA. Below the said memo, it has been recorded in the hand of the police official that the accused wanted to be searched in the presence of the "Gazetted Officer Police". Thereafter the accused was searched in the presence of PW-7 Uttam Chand, Dy.S.P. Chamera Project and on his search it was found that he was carrying a polythene bag inside his Langote and on opening the polythene bag it was found to contain the charas.