STATE OF H.P. Vs. OM PARKASH

JUDGEMENT

(1.) This appeal by the State is directed against the judgment dated 8.11.1995 delivered by the learned Sessions Judge, Solan in Sessions Trial No. 9 -S/7 of 1994, whereby he acquitted the accused of having committed an offence punishable under Sec. 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 12.11.1993 PW/8 Mohinder Pratap alongwith Head Constable Jeet Singh was on patrolling duty near Saproon bye pass. He received secret information that a boy wearing a particular set of clothes was carrying Charas with him near Dohri Diwal. He searched for the boy and found the accused who revealed his full name and address. Two independent witnesses namely Ram Pratap, PW/1 and Nanku Ram, PW/2 were associated with the search. The accused was given the option of being searched either before the police officials or before a Gazetted Officer vide memo Ext.PB. The accused opted to be searched before a Gazetted Officer. Thereafter, PW/8 telephonically informed Sh. Daljit Thakur, Dy.S.P (PW/4) who came to the spot and in the presence of this witness, personal search of the accused was conducted. During this search, a polythene bag was recovered from inside the sweater of the accused. On search of this polythene bag, charas was found. PW/8 arranged for the weighing machine which was brought by Sh. Biru Ahmad, Head Constable. The said charas was weighed and was found to weigh 130 grams. Two samples of 5 grams each were drawn. The bulk charas and two samples were sealed in separate parcels and sealed with seal impression 'E'. The entire charas was taken into possession vide seizure memo Ext.PC. The accused was apprised of the grounds of the arrest. Other codal formalities were completed at the spot. Thereafter, Ruka, Ext.PF was prepared and sent to police Station, Solan for the registration of the F.I.R and special report Ext.PJ was also sent to the Superintendent of Police, Solan. One sample of charas was sent to the Chemical Examiner, C.T.L, Kandaghat for examination and it was opined vide report Ext.PE that the sample is of charas. On this basis, challan was filed against the accused and the accused was charged with having committed an offence punishable under Sec. 20 of the Act. The accused pleaded not guilty and claimed trial. After trial, the accused was acquitted. Hence the present appeal.

(3.) The learned Trial Court acquitted the accused mainly on the ground that the provisions of Sec. 50 of the Act had not been complied with.