STATE OF HP Vs. RAM PRASHAD

JUDGEMENT

(1.) Mr. Vikrant Thakur, Advocate is requested to assist the Court as Amicus-curiae and he has agreed for the same.

(2.) 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 30.7.1998, passed by learned Sessions Judge, Kullu and Lahaul Spiti Districts at Kullu, H.P., in Sessions Trial No. 5/98, whereby respondent-accused has been acquitted for the offence, under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short "ND&PS Act").

(3.) The prosecution case is that on 19.10.1997 at 5.15 P.M., Jagdish Chand, SI/SHO, Police Station, Banjar received telephonic message that one person wearing Khakhi jacket was going towards Khunan carrying charas, as such, report was entered in Rojnamcha and wireless message was sent to S.P. Kullu and S.H.O. recorded the information. Then Jagdish Chand S.H.O., along with Lal Singh constable and Devi Ram constable, moved towards Khunan and associated Mani Ram and Chuni Lal, independent witnesses, and formed a raiding party and apprehended a person and asked his name and apprised him that whether he wanted to give search to the police or to a gazetted officer or a Magistrate. On his agreeing to give search to the police, personal search was conducted and it was found that respondent-accused had wrapped his waist with white colour muffler in which charas, in the shape of sticks, was kept in polythene envelope which was taken out and on weighing 1 kg. 500 grams of charas was recovered from the personal search from which two samples of 25 grams each were taken out and the samples and the remaining charas was sealed with seal `T' and samples were sent for chemical examiner and after investigation, respondent-accused was charged for offence, under Section 20 of the ND&PS Act and case was committed to the Sessions Court.