STATE OF H.P. Vs. PREETPAL SINGH

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgement dated 20.3.1996 of the learned Additional District Judge, Sirmaur District at Nahan, in NDPS case No. 13 -N/7 of 1995 whereby he acquitted the accused of having committed an offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act (here -in -after referred to as the Act).

(2.) BRIEFLY stated the prosecution case is that on 26.7.1994 PW -7 ASI Sucha Nand, who was then posted at Police Station Paonta Sahib was on patrolling duty with head -constables Dharam Pal Singh and Paramjeet Singh and two constables, one of whom constable Arjun Singh has been examined as PW -3. When the patrolling party was near the bus stand, PW -7 received secret information that one man was carrying poppy husk. He, therefore, formed a raiding party and joined two independent witnesses PW -1 Darshan Lal and Nathi Ram (not examined). The patrolling party apprehended the accused near Vishwa Karma Chowk. On inquiry the person disclosed his name to be Preetpal Singh. An option of search was given to him. He opted to be searched before the Dy.S.P and according to the prosecution after recording the statement he was taken to the office of PW -8 Devinder Singh, Dy.S.P, in whose presence search of the accused was conducted. On search of the bag which the accused was carrying poppy husk kept in a plastic packet was recovered. Scales and weights were called through PW -2 Rakesh Kumar and the poppy husk was weighed which was found to be 2 kg.300 gms. Sample of 300 grams of poppy husk was drawn and the remaining poppy husk as well as the sample poppy husk were sealed in two separate parcels with seal bearing seal impression 'M '. Thereafter, the same was taken into possession vide recovery memo Ext. PB. Sample seal impression Ext. PC was obtained on a piece of cloth and Rukka Ext. PF was sent to the Police Station for recording F.I.R alongwith case property including the sample packet. Site plan was prepared and special report Ext.PF/1 was sent to the office of Dy. S.P. Paonta Sahib. After completing the other codal formalities the sample was sent to the Chemical Examiner. After Chemical Examiner 's report Ext. PM was received according to which the sample was found to be that of poppy husk. Thereafter challan was filed and accused was tried for the offence mentioned here -in -above. The accused has been acquitted. Hence the present appeal.

(3.) AS far as the search is concerned, the relevant evidence is of PW -1 Darshan Lal, independent witness PW -2 Rakesh Kumar, who brought the scales, PW -3 Arjun Singh, who was one of the constables accompanying the patrolling party, PW -7 Sucha Nand, the Investigating Officer and PW -8 Devidner Singh, in whose presence the search was conducted.