STATE OF H.P. Vs. ATTAR SINGH

JUDGEMENT

(1.) 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 5.3.1997, passed by learned Sessions Judge, Shimla, H.P., in Sessions Trial No. 34 -S/7 of 1996, whereby respondent -accused has been acquitted for the offence, under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

(2.) PROSECUTION case is that on 9.8.1996, at about 11.00 A.M. Dhani Ram, Sub Inspector, Police Station, Chhota Shimla along with other police official while on patrolling duty observed one person coming from the Jakhu temple side who on seeing the police party tried to run away. On suspicion, he was apprehended and he was apprised of being searched. Accordingly, on personal search, 500 grams opium was recovered from the pocket of the pant of the respondent -accused, which he had kept inside the plastic envelope. Taking 20 grams of two samples from recovered opium, samples were put in two separate parcels and the parcels were sealed with seal impression 'H' and the same were sent to Chemical Examination. On investigation, respondent -accused was charged for offence, under Section 18 of the ND and PS Act and case was committed to the Sessions Court.

(3.) OUT of eight prosecution witnesses, seven are police official witnesses, whereas one Avinash Kumar is independent witness.