STATE OF HP Vs. KISHAN SATHI

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 dated 1.4.2000, passed by learned Special Judge, Kullu (H.P.), in Sessions Trial No. 17/99, acquitting the respondent-accused for the offence under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ( in short "ND&PS Act"). Whether the reporters of Local Papers may be allowed to see the judgment?

(2.) Prosecution case is that on 16.1.1999 when H.C. Yog Raj along with other police officials on receiving secret information arranged `Nakabandi' and associated Kusum Chand and Daulat Ram, independent witnesses at 6.30 P.M., one person namely Kishan Sathi was apprehended and search was made on obtaining his consent that whether he wants to be searched by the police present or wants to be searched before the gazetted officer or Magistrate. After search, one envelope was recovered in the jacket of respondent-accused from which 700 grams Charas was found and two samples were taken and were put in different seals and remaining quantity of Charas was also sealed. NCB form was filled up, Ruka was sent and respondent-accused was arrested and samples were sent for Chemical examination. Respondent-accused was charged for the aforesaid offence and case was committed to the Sessions Court.

(3.) In order to prove its case, the prosecution examined eight witnesses, whereas the accused through his statement under Section 313 Cr.P.C. denied the prosecution case.