STATE OF H.P. Vs. DEEN MOHAMMED

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgment dated 3rd April, 1999 delivered by the learned Sessions Judge, Chamba in Sessions Trial No. 28 of 1998, whereby the accused has been acquitted of having committed an offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act.

(2.) THE prosecution story in brief is that on 19th March, 1998, PW -9 HC Budhi Prakash of Police Post Tunu Hatti had laid a Naka at Tunu Hatti barrier alongwith HC Rajesh Kumar, HC Rakesh Kumar, HC Hoshiara Ram and Constables Mohinder Singh and Mazid Mohammed. At about 7.45 a.m. they saw one person coming from Naini Khud side. On seeing the police personnel, the said person tried to run away. This aroused the suspicion of the police officials, who apprehended that person. The said person was carrying a bag on his left shoulder. PW -9 Budhi Parkash suspected that the accused may be carrying some contraband substance. He associated two independent witnesses Prem Kumar and Gauri Shankar. The accused was given an option whether he wanted to be searched before a Magistrate or a Gazetted Officer. The accused, after disclosing his name, opted to be searched by the police officials themselves.

(3.) ON the basis of the aforesaid material, the accused was challaned with having committed an offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act. He pleaded not guilty and claimed trial. The prosecution examined nine witnesses and after trial the accused was acquitted. Hence, the present appeal by the State.