STATE OF HP Vs. NAVAL KISHORE

JUDGEMENT

(1.) The present Criminal Appeal has come up for adjudication after the grant of leave to appeal under Section 378 (3) of the Code of criminal Procedure, in reference to the judgment dated 26.4.1995 passed by the Learned Sessions Judge, Sirmour, District at Nahan, H.P. in Sessions trial No. 6-N/7 of 1995, under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short called as ND&PS `Act'), acquitting the alleged accused/respondent.

(2.) In order to adjudicate the present appeal, it is necessary to give the factual background of the case, that on 5.11.1994, Tersem Lal, SHO formed a police party comprising of Head Constable Tapinder Singh and constables Irshad Ahmad, Man Singh and Jangbir. They reached a place, known as Nai Neti, and observed that a bus was coming from Pul-Bahal side intended to go for Solan. The bus was stopped and the police party boarded the bus from the front door and started checking. One person alighted from the rear door of the bus and started running towards the school, carrying a black coloured bag in his hand. That person was chased by SHO alongwith other police officials, and ultimately he was apprehended. On personal search of the accused, two parcels of charas balls, wrapped in polythene pouches Ex.P2, his shirt Ex.P3 and towel Ex.P4, were recovered from the bag. SHO Tarsem Lal asked the accused as to whether he wanted to be searched by him or by a Gazetted Officer or a Magistrate. The accused expressed his willingness Ex.PE to be searched by Tarsem Lal himself.

(3.) During search of the accused, 2.15 Kgs of charas, was recovered . Out of recovered 2.15 Kgs charas, 15 grams charas was separately extracted as sample for test by the chemical examiner. Thereafter, the remaining contraband and sample were wrapped and sealed with impression `I'. The seal, thereafter, was handed over to Dhani Ram. The search, seizure and arrest of the accused were made in presence of independent witnesses, namely, Tara Chand PW.5 and Anek Ram PW.8, besides the police officials. The accused was charged under Section 20 of the ND & PS `Act'