STATE OF H.P. Vs. MANGAT RAM

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 21.11.1995 passed by learned Special Judge, Solan, HP in case No. 4 -NL/7 of 1994, thereby acquitting the respondent / accused for the offence under Section 20 of Narcotic Drugs and Psychotropic Substances Act, 1985 in reference to FIR No. 163/1993.

(2.) THE prosecution case is that on 18th December, 1993, SHO, Police Station, Nalagarh Sh. Gurmit Singh (PW -5) along with other police officials, on suspicion, apprehend the accused. Independent witnesses Surjeet Singh (PW -1) and one Raghubir Singh were also associated in the raiding party. Accused/respondent was given option to offer his personal search either by police officials or before a Gazetted Officer or before a Magistrate. Personal search Ex PB was conducted. A polythene wallet was found wrapped to his stomach under the shirt was taken out in which 510 Gms of 'Charas' was recovered. Two samples of 20 Gms each were separated from such recovered material and sealed in two different parcels with seal T' and the samples were sent for chemical examination and on completion of the investigation, accused/respondent was charged for the aforesaid offence and the case was committed to session trial.

(3.) MR . Rajinder Dogra, learned Addl. Advocate General, appearing on behalf of the State, has argued that on personal search, contraband good was recovered and on chemical examination, it was found 'Charas'. However, the prosecution, after fulfilling all the requirements, has rightly made endeavour to prove the prosecution case beyond reasonable doubt. As such, the respondent/accused is to be held guilty of the aforesaid offence and is to be convicted.