STATE OF HP Vs. BASANT SINGH

JUDGEMENT

(1.) The present Criminal Appeal has come up for adjudication after the grant of leave to appeal under Section 378 (3) of the Code of Criminal Procedure has been granted in reference to judgment dated 28.7.2000, passed by Learned Special Judge, Sessions Division Solan at Solan, H.P., in Sessions Trial No. 12S/7 of 2000, under Section 20 of the Narcotic Drugs and Psychotropic Substances Act (in short 'NDPS Act'), acquitting the alleged accused/respondent.

(2.) The prosecution case is that on 20.2.2000, ASI Chaman Lal (PW.8) received an information that accused Basant Singh alias Balaji was habitual in storing, possessing, selling and purchasing the narcotic drugs and psychotropic substances. On this, ASI Chaman Lal (PW.8) constituted a raiding party, consisting of HC Ranjit Singh (PW.10), Constable Vijay Kumar and Constable Amarjit Singh, besides the two independent witnesses, namely, Mohinder Singh (PW.1) and Jeet Singh (PW.2), apprehended the accusedrespondent, who was doing the business on 'Rehdi' and recovered 60 grams of charas. Out of which two samples of 10 grams each from the seized charas were taken and sent for chemical analysis and the recovered charas was sealed on the spot with seal impression 'D' in presence of PW.1 and PW.2.

(3.) After investigation, the accused was charged for the offence under Section 20 of the 'NDPS Act'. In order to prove its case, the prosecution has examined as many as 10 prosecution witnesses, whereas, the accused through his statement under Section 313 of Cr.P.C., has denied the prosecution case.