STATE OF H.P. Vs. RAJESH KUMAR

JUDGEMENT

(1.) 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 21.1.2000, passed by learned Special Judge, Solan, H.P. in Case No. 20 -NL/7 of 99, thereby acquitting the Respondent/accused for the offence under Section 18 of N.D.P.S. Act.

(2.) THE prosecution case is that on receipt of secret information, the Khokha of accused was searched and 15 small polythene packets were recovered from his Khokha in which Whether the reporters of the local papers maybe allowed to see the judgment? 105 grams of opium was found to have been kept. The samples were taken out from the recovered opium and then the samples and the remaining opium were sealed and were sent to chemical examination. After investigation, Respondent was charged for the offence under Section 18 of the Narcotic Drugs and Psychotropic Substances Act.

(3.) THE two independent witnesses, who were allegedly associated, were Amarjit Singh and Subhash Chand. Amarjit Singh had stated that he runs a general store at Nalagarh bazaar and that Rajesh Kumar does the hair cutting work adjacent to his shop. His further version was that the wife of the accused came to him and requested him to go to the police station. Subhash was also sitting in his shop. So both of them went to police station and no search was taken in their presence. However both of them have not supported the case of the prosecution at all and have been declared hostile.