STATE OF H.P. Vs. THAKUR DUTT

JUDGEMENT

(1.) THE state is in appeal against the judgment of acquittal dated 16.03.1996 of the learned Additional Sessions Judge, Kullu, District Kullu, H.P., whereby the Respondent herein, who shall hereinafter be referred to as the accused, was tried for the offence under Sections 20 and 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (the Act) and was ultimately acquitted.

(2.) SHORN of details, the facts of the case are that on 10.04.1995 at about 1 P.M., Dy. S.P.R.S. Negi (PW -15) and S.I. Nihal Chand (PW -16) were present at village Shanshar on official duty. They were also accompanied by H.C. Surender Kumar, LHC Hari Singh and constable Devia Ram. In the meantime, the police party headed by PW -15 R.S. Negi, received secret information that the accused had stored huge quantity of charas in his newly constructed house near village Sihan and in case the house is raided immediately there is every likelihood of charas being recovered in huge quantity from the said house. The secret information being reliable and disclosing commission of an offence under Section 20 of the Act, it was taken down in writing, vide memo Ex. PW -12/B and sent to the Superintendent of Police, Kullu District, Kullu. Simultaneously, a rukka was also sent to the Police Station on the basis of which FIR Ex. PW -11 /A was registered.

(3.) THE further case of the prosecution is that immediately thereafter PW -16 S.I. Nihal Chand, accompanied by other police officials, proceeded to the newly constructed house belonging to the accused situate at village Ruar, near village Sihan. On reaching there, they found that none was present in the said house. It being so, the house was encircled and secured by the police party. However, neither the accused nor any member of his family turned up till 11.04.1995 at 4:00 p.m. Accordingly, the house was kept encircled and secured.