STATE OF H.P. Vs. JAGAT RAM

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 27.2.1999, passed by Learned Sessions Judge, Solan, District Shimla, H.P., in Sessions Trial No. 20 -S/7 of 1998 under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, (in short 'NDPS Act'), acquitting the alleged respondent -accused.

(2.) THE prosecution case is that on 5.1.1998, Sub Inspector Parkash Chand, Police Station, Sadar, Shimla was present at the Ridge, got an information that one person present at bus -stand Lakkar Bazar, carrying a bag containing some contraband goods, after getting such information, Sub Inspector, associated two independent witnesses, namely, Shiv Kumar and Vivek Aggarwal and apprehended the accused -respondent after apprising him that he is to be searched and on agreeing, the bag, being carried by the accused, was searched, wherein 1 kg. 35 grams of charas, wrapped in two polythene bags, was recovered. Out of the recovered charas, two samples each weighting 25 grams, were taken and sealed and bulk charas was sealed in separate parcel with seal impression 'B'. The sample was sent for chemical examination to Kandaghat and accordingly report Ex.PJ was given.

(3.) PW .1 Shiv Kumar has stated that the police people surrounded the accused and he and his friend Vivek Aggarwal, had seen only a plastic bag containing some stuff said to have been recovered from the accused. The statement of PW.1 contradicts the testimony of PW.7 Parkash Chand, Sub Inspector and PW.6 N.S. Paul, Dy. S.P., the search of the accused was made in presence of independent witnesses Vivek Aggarwal and Shiv Kumar and a plastic bag containing charas was recovered from bag Ex.P2 being carried by the accused -respondent. PW.3 Vivek Aggarwal and PW.4 Shiv Kumar have no doubt stated in their examination -in -chief that the accused was apprehended by the police at bus -stand Rivoli Lakkar Bazar and the bag containing charas, on weighment was found to be 1 kg. 350 grams, was recovered from the possession of the accused, but in cross -examination they have denied the prosecution version. PW.4 Shiv Kumar has stated that after apprehending the accused at the bus -stand, the police people took him to the police station around 2.00 P.M. and that he and his friend Vivek Aggarwal went to the police station an hour later, as such, two independent witnesses have not supported the case of the prosecution to the extent they were expected to support.