STATE OF HP Vs. BHAG SINGH

JUDGEMENT

(1.) This appeal by the State is directed against the judgment dated 11.10.1998 delivered by the learned Sessions Judge, Una, in Sessions trial No. 29 of 1998, whereby he acquitted the accused of having committed an offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the Act').

(2.) The prosecution story in brief is that on 21.8.1998 Sh. Bimal Gupta, Dy SP, Una (PW-12) received secret information that accused Bhag Singh is possessing some contraband substance. PW-12 noted this information in writing, sent a report Whether reporters of Local Papers may be allowed to see the judgment? Yes about the same to the superior officer and thereafter formed a raiding party in which some independent witnesses i.e. Chanan Singh, Tarsem Singh and Sucha Singh were associated. The raiding party proceeded to village Pubowal Majra Baliwal, where the accused was found present at his shop. The accused was given option whether he wanted his house and shop to be searched in the presence of a Magistrate or a gazetted officer or is ready to be searched by the police. On search of the house nothing was recovered. However, when the shop was searched large number of polythene envelopes were recovered from the almirah. These envelopes contained poppy husk and the total weight of the poppy husk was found to be 19 kgs. 300 gms.. Two samples were taken and the remaining poppy husk was sealed.

(3.) Thereafter the raiding party headed by PW-12 went to an old house existing nearby the house allegedly belonging to the accused. In this house, 9 gunny bags containing poppy husk were found. These had been hidden under a heap of wheat chaff. Two samples were drawn out of one of the gunny bags and thereafter all the gunny bags were weighed and were found to be 3 quintals, 72 kgs. and 700 gms of poppy husk. Therefore, the total quantity of poppy husk recovered was 3 qtls. 92 kgs.. The accused was arrested and after completion of codal formalities the FIR was lodged. The samples were sent for chemical analysis and on receipt of the report (Ext.PK) of the Chemical Examiner, it was opined that four samples sent to C.T.L. Kandaghat were of poppy husk. On receipt of the report the challan was filed against the accused who was tried for having committed an offence punishable under Section 15 of the Act. He was acquitted. Hence the present appeal.