STATE OF HP Vs. BALDEV SINGH

JUDGEMENT

(1.) Mr. Rajesh Verma, Advocate, has been requested to assist this Court as Amicus Curiae and he has kindly agreed to the same. Accordingly, Mr. Rajesh Verma, Advocate, has assisted this Court in response to the submissions made by Mr. R.K. Sharma, Sr. Additional Advocate General, for the appellant-State.

(2.) The present criminal appeal has come up for consideration after leave to appeal under Section 378(3) of the 1 Whether reporters of Local Papers may be allowed to see the judgment? Code of Criminal Procedure has been granted in reference to the impugned judgment and order dated 08.03.1996, passed by learned Sessions Judge, Una, District Una, Himachal Pradesh, in Sessions Case No. 35 of 1995, acquitting the alleged accused under Section 20 of the Narcotic Drugs & Psychotropic Substances Act in reference to FIR No. 100 dated 01.08.1992.

(3.) Prosecution case in brief is that on 01.08.1992, ASI Rulia Ram, P.S. Amb, alongwith other police officials received a secret information that accused-respondent is running a Pakora shop at Chintpurni by using leaves of bhang. PW-1 Chandu Lal and one Gian Chand were associated and the shop of the accused-respondent was raided. Accused-respondent was apprised that whether he wants to be searched by some Gazetted Officer or by the same police party. After his agreeing, the shop of the accused-respondent was searched. During search, 26 fried cakes of bhang pakora were found and a gunny bag containing leaves of bhang, weighing 2 kg 750 grams, was also recovered. Six bhang pakoras and 250 grams bhang leaves were separated as sample, which were sealed separately and were taken into possession vide memo, Ex. PB. The bhang leaves taken in possession are Ex. P-1, tikkies are Ex. P-2, plate is Ex. P-3 and piece of cloth is Ex. P-4, while the samples are Ex. P-5 and Ex. P-6. Rukka, Ex. PF, alongwith case property was sent to police station through Constable Mukhtiar Singh (PW-3), in reference to which FIR, Ex. PG, was lodged. PW-6 Rulia Ram prepared the site plan, Ex. PM, sent special report to Superintendent of Police, Una, copy of which is Ex. PJ. After completion of investigation, accused- respondent was charged under Section 20 of the Narcotic Drugs and Psychotropic Substances Act and the case was committed to the Sessions Court.