STATE OF HP Vs. DEEN MOHAMMAD

JUDGEMENT

(1.) The present criminal appeal has come up for consideration after the leave to appeal has been granted under Section 378(3) of the Code of Criminal Procedure, in reference to judgment dated 22nd December, 1993, passed by learned Sessions Judge, Chamba Division, at Chamba, in Sessions Case No. 12 of 1996, thereby acquitting the respondent/accused for offence under Section 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (for short 'the Act').

(2.) In order to adjudicate the present criminal appeal, it is necessary to give the factual background of the prosecution case. The facts, as per the prosecution story, are that on 29.12.1991, PW-8, Bidhi Chand, the then SHO Police Station, Dalhousie was present at Tunnuhatti barrier on patrolling, along with PW-9, ASI Om Parkash, other police officials and PW-7, Kashmir Singh, when at about 4 AM accused came from the side of Nanikhad and tried to slip away on seeing the police. He was apprehended on suspicion and notice Ext.PE was issued to him as to whether he wanted to give his search before a Magistrate or Gazetted Officer and the accused gave in writing on Ext.PC that he is ready to give search before the police. After search of bag, carried by the accused in one container of Vanaspati, containing Charas, was found and on weighment it was 2 Kilograms. Out of the same, 10 grams of Charas was separated as sample and both the sample and bulk Charas were sealed with seal 'T' in separate parcels. Seal impression was taken on cloth Ext.PD and the Charas was taken into possession vide memo Ext.PF, which was also signed by PW-9, ASI Om Parkash and PW-7 Kashmir Singh. Copy of recovery memo was given to the respondent/accused. Personal search memo Ext.PF was prepared. PW-8, Bidhi Chand, also sent Ruka, Ext.PG, through PW-5, Constable Pritam Singh, who gave it to MHC PW-4, Dev Raj, who recorded F.I.R. Ext.PB and returned the file to the SHO on the spot. PW-8 Bidhi Chand prepared site plan Ext.PH, recorded statement of the witnesses and told the grounds of arrest to the accused. The sample of Charas was sent by PW-4, Dev Raj through PW-6, Constable, Sher Singh, who deposited it with the Chemical Examiner and gave the receipt to the MHC on return. Special report regarding recovery of Charas and arrest of accused was sent by the MHC to PW-1, Lal Chand, Wireless Operator, who transmitted the same to Wireless Operator, Chamba PW-2, Rakesh Kumar, who sent it to the office of S.P. Chamba and the said message Ext.PA was put up by PW-3, ASI Kulwant Singh before S.P. Chamba.

(3.) Charge under Section 20 of the NDPS Act was filed and the case was committed to the Sessions Court.