STATE OF H.P. Vs. KARAN SINGH

JUDGEMENT

(1.) STATE is aggrieved by the judgment, dated 26.12.1996, of learned Additional Sessions Judge, Shimla, whereby respondent Karan Singh, who was charged with and tried for offence, under Section 20 of the Narcotic Drugs & Psychotropic Substances Act, has been acquitted.

(2.) ACCORDING to the prosecution, information was received by SHO, Police Station, Theog on 28.12.1995 that a person with Charas was present at bus stand, Theog and was looking for some customer to dispose of the same. On this secret information, case was registered vide FIR Ext.PW7/A. A raiding party was formed. PW -7 Mohan Singh, SHO Police Station, Theog headed that party and went to the bus stand. Respondent was present there. He was overpowered and informed that it was intended to search his person and that in case he so desired, such could be arranged in the presence of the gazetted officer. Respondent opted for being searched in the presence of gazetted officer. Upon that, SHO Mohan Singh requested PW -8 Govind Singh, Dy.SP, to reach the spot.

(3.) WE have heard the learned Assistant Advocate General. Nobody appears for the respondent. View taken by the learned trial Court that the respondent was entitled to acquittal on account of non -compliance of provision of Section 42 is not correct. The reason is that Section 42 of the Act comes into play only when the information received pertains to the concealment of any contraband etc. in some premises or in a closed place, whereas in the present case, the information was that the respondent was present with Charas at the bus stand, which is an open place.