THE STATE OF H.P. Vs. BHARNA RAM

JUDGEMENT

(1.) THE present criminal appeal has come up for consideration after leave to appeal under Section 378(3) of the Code of Criminal Procedure has been granted in reference to the impugned judgment and order dated 20.08.1997, passed by the learned Sessions Judge, Chamba, District Chamba, in Sessions Case No. 12 of 1997, acquitting the alleged accused under Sections 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, in reference to FIR No. 176 of 1997.

(2.) PROSECUTION case is that accused -respondent, on personal search on 10.10.1996 at about 3:20 p.m. at Tunuhatti, by the police party, led by Shri Rajinder Kumar, SHO, Police Station Dalhousie, was found carrying charas, weighing 1 kg 500 grams. The police party, led by Shri Rajinder Kumar, comprised of Head constables Hoshiara Ram, Krishan Gopal and constables Shiv Ram, Lekh Raj and Nidhia Ram, was present at Tunuhatti. On suspicion the accused -respondent was apprehended by the said police party and Vijay Kumar and Subhash Chand were associated as independent witnesses. The accused -respondent was apprised that whether he wants to be searched by a Magistrate or Gazetted Officer or by the same police party. On his agreeing, his personal search was made and charas, weighing 1 kg 500 grams, was recovered from his possession. A sample of charas, weighing 10 grams, was taken separate and the remaining charas were put into two separate parcels and both these parcels were sealed with seal 'B'. The sample of charas was sent for chemical analysis and after completion of investigation accused -respondent was charged for the aforesaid offence and the case committed to the Sessions Court.

(3.) OUT of these nine witnesses, S/Shri Vijay Kumar (PW -1) and Subhash Chand (PW -2) are the independent witnesses, while Shri Rajinder Kumar (PW -8) is the investigating officer. The remaining witnesses S/Shri Shiv Kumar constable (PW -3), Ram Dyal constable (PW -4), Kartar Singh MHC (PW -5), Lekh Raj constable (PW -6), Smt. Anjana ASI (PW -7) and Bhagat Ram HC (PW -9) are the formal witnesses.