STATE OF HP Vs. TILAK RAJ

JUDGEMENT

(1.) The present criminal appeal has come up for consideration after the leave to appeal has been granted under Section 378(3) of the Code of Criminal Procedure, in reference to judgment dated 1st April, 2000, passed by learned Sessions Judge, Shimla, H.P., in Sessions Trial No.1-S/7 of 2000, acquitting the respondent / accused under Section 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (for short `NDPS Act').

(2.) The prosecution case, in brief, was that on 15.9.1999 at about 11.30 A.M., Head Constable Mohar Singh, Police Station, Theog, accompanied by Constable Narainder Prakash, while deputed on traffic control duty at the Bus Stand, spotted respondent / accused coming from the opposite direction. On seeing the police officials in uniform, he turned back and started walking backwards and on suspicion, the Head Constable followed him and over-powered him. HC, Mohar Singh, informed the Deputy Superintendent of Police telephonically upon which the Deputy Superintendent of Police reached the spot within no time. He asked the accused if he wanted his person to be searched by him, for which the respondent / accused agreed and searched the person of the respondent / accused and from the rexine bag, which he was carrying, Charas was recovered. Before making such search, the consent of the respondent / accused was obtained for being searched by the Deputy Superintendent of Police. On weighment, it was found to be 1 Kg. 600 grams, out of which two samples each weighing 25 grams were separated. The samples and the bulk Charas were then made up into three parcels. The parcels were sealed. Case property was deposited with the MHC, Police Station, Theog, who sent one of the two samples to the Chemical Laboratory, Kandaghat and the Chemical Examiner opined that the contents of the sample were of Charas. After investigation, the respondent / accused was charged for the aforesaid offence and the case was committed to the Sessions Court.

(3.) In order to prove its case, the prosecution has examined as many as seven witnesses, whereas, the respondent / accused, through his testimony under Section 313 Cr.P.C., has denied the prosecution case. The witnesses are Head Constable Mohar Singh, two independent witnesses, in whose presence the search of the accused was allegedly conducted, namely, PW-2 Sandeep Chandel and PW-3 Bal Krishan and PW-7 Deputy Superintendent of Police, Nag Chand Walia, who conducted the search.