STATE OF H.P. Vs. RANBIR SINGH

JUDGEMENT

(1.) THE present criminal appeal has come for consideration by virtue of granting leave to appeal under Section 378(3) of the Code of Criminal Procedure in reference to judgment dated 1.1.2000, passed by learned Special Judge, Kullu, H.P. in Sessions Trial No. 12 of 1999, for the offence under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act'), whereby the alleged accused/Respondent was acquitted.

(2.) PROSECUTION case is that on 11.11.1998 at about 1.15 PM, SHO received information on telephone that one person sitting in Mamta Sweet Shop, Banjar was possessing 'Charas'. On the basis of this information, raiding party was constituted and two witnesses Balak Ram and Dhale Ram were also associated. Accused was apprehended and after bringing him under rain shelter, his consent for personal search was obtained and on personal search one polythene envelope was recovered from the jacket containing 'Charas' which was weighed and found 1 Kg 300 grams. Out of the recovered 'Charas' two samples of 25 grams were taken and the case property and samples were sealed at the spot. Investigation was made and the Respondent/accused was charged for the offence under Section 20 of N.D.P.S Act.

(3.) PW -1 Balak Ram, PW -2 Dhale Ram, PW -3 constable Neel Chand, PW - Dina Nath, PW -5 LHC Shambu Lal, PW -6 HC Bhim Sen, PW -7 Khiali Ram, ASI, PW -8 Mahesh Kumar, ASI and PW -9 Inspector Jagdish Chand were examined as prosecution witnesses.