STATE OF H P Vs. JOGINDER PARSHAD

JUDGEMENT

(1.) The present criminal appeal has come up for consideration after leave to appeal under Section 378(3) of the Code of Criminal Procedure has been granted in reference to the impugned judgment dated 4.10.1999, passed by the learned Special Judge, Kullu, in Sessions Trial No. 41/98, acquitting the alleged accused for the offence under Sections 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short Act) in reference to FIR No.74/98.

(2.) The Prosecution case is that on 19.8.1998 at about 3.15 PM, the SHO had received Whether the reporters of the local papers may be allowed to see the Judgment? secret information that two persons were coming in HRTC bus with charas. The raiding party was constituted and independent witnesses Dayal Singh and Jhabe Ram were also associated. At about 3.30 PM two persons came out of the bus at Bus Stand Banjar. One person was empty handed and the other person was having polythene bag in his hand. Both the persons were taken to the rain shelter and on obtaining their consent search was made and four packets of charas wrapped in polythene weighing 1 Kilogram were recovered from the possession of Joginder Parshad accused. Out of the recovered charas two samples of 25 grams each were taken and sealed with seal impression `T'. The seal was given to Dayal Singh witness at the spot and `NCB' form was filled in and the SHO also disclosed the grounds of arrest to the accused and thereafter sent ruka for registration of the case. Statements of witnesses were recorded at the spot. On receipt of chemical report and completion of investigation, the challan was presented against the accused.

(3.) In order to prove its case, prosecution examined as many as eleven witnesses, whereas, accused-respondent, through his statement under Section 313 Cr.P.C. denied the prosecution case.