STATE OF HIMACHAL PRADESH Vs. DEEPAK SHARMA

JUDGEMENT

(1.) This appeal by the State is directed against the judgement dated 30.7.1998 delivered by the learned Judga, Kullu in Sessions Trial No. 16/1997 whereby he acquitted the accused of having committed an offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter, referred to as the 'Act').

(2.) The prosecution story, in brief, is that on 10.11.1996 PW/11 Jagdish Chand, SHO, Police Station, Banjor alongwith PW/2 Lal Singh, Constable and two other officials was on patrolling duty. He received secret information that two persons are coming on a scooter bearing no registration number. According to the informant, these two persons were carrying Charas with them, Jagdish Chand, PW/11 made a report in the Rapat Rojnamcha (Ext.PE) and thereafter, formed a raiding party consisting of himself, Sunder Singh, Head Constable, Lal Singh, Constable and Neel Chand, Constable. Two independent witnesses namely Dhararn Chand, PW/6 and Ses Ram, PW/7 were associated with the raiding party.

(3.) About half a kilometer ahead of Khundan curve, one scooter came from Batahar side on which two persons were sitting. The same was stopped by PW/11. These two persons were asked to give their identity. They were also given an option of being searched either by the police officials or before a Gazetted Officer or a Magistrate. The accused persons opted to be searched before the police. Thereafter, the police officials offered their search to the accused and thereafter, searched the accused. During this search, a bag was recovered which was kept on the scooter. Inside this bag, there were four polythene packets. On search of these polythene packets, charas was found. The said charas was weighed and was found to weigh 7 kgs. Two samples of 25 grams each were drawn out of the bulk charas and thereafter, the two samples and the buik eharas were sealed in three separate parcels and sealed with seal impression 'T'. The Investigating Officer completed other codal formalities at the spot. The special report was sent to the police officials. Site plan, Ext.PN was prepared. Thereafter, Ruka (Ext.PD) was prepared and sent to Police Station, Kullu on the basis of which FIR was registered. The accused were apprised of the grounds of the arrest.