STATE OF H.P. Vs. HIMA RAM

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 3.8.1996, passed by learned Sessions Judge, Mandi, Kullu and Lahaul Spiti Districts, at Mandi, H.P.in Sessions Trial No. 7/96, thereby acquitting the respondent/ accused for offence under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'NDPS Act').

(2.) IN order to adjudicate the present criminal appeal, it is necessary to give the factual background of the case. The facts, according to the prosecution story, are that on 14.11.1995, during patrolling duty, S.I. Krishan Lal, along with other police officials, was going towards village Jamna -Bag and Krishan Lal received a secret information that the accused was dealing in illicit liquor. On receiving such information, he prepared the ruka EX.PD and sent for the registration of the case through constable Padam Dev and thereafter associated Govind Ram, Mangat Ram and Chaudhan Dass witnesses in the raiding party and proceeded to the house of accused. At about 8:00 a.m, on 14.11.1995, on reaching the place of accused, his house was searched and from the cowshed, on the ground floor, a silver bucket EX.P4, was recovered containing Charas EX.P2 in the black cotton bag EX.P3 on weighment which was found 2 Kgs. Two samples of 20 grams each were separated from the recovered contraband goods. The case property was sealed with seal impression 'A' and case property was taken into possession vide memo EX.P -A. The accused was arrested and the grounds of arrest were stated to have been intimidated to the accused in writing EX PB. Accordingly, FIR EX.PE was lodged.

(3.) IN order to prove its case, the prosecution has examined as many as eight prosecution witnesses, including PW -1 Govind Ram, PW -2 Mangat Ram, PW -3 ASI Som Parkash, PW -4 constable Hem Singh, PW -5 H.C Nihal singh, PW -6 MHC Bhim Singh, PW -7 constable Dhameshwar and PW -8 SI/SHO Krishan Lal.