STATE OF HP Vs. VICKY RAJPUT

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 2nd August, 1999, passed by learned Sessions Judge, Shimla, H.P., in Sessions Trial No.2-S/7 of 1999, acquitting the respondents / accused persons under Whether the reporters of the local papers maybe allowed to see the judgment? Section 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (for short `NDPS Act').

(2.) The prosecution case, in brief, was that on 28.10.1998, Head Constable Rajesh Kumar, Police Station, Sadar, Shimla, accompanying constables Jagdev Chand, Bhupinder Singh and Ashok Kumar had gone towards Lower Bazar in connection with patrol duty. At about 12.50 PM, while returning to the Police Station, they spotted respondents Vicky Rajput and Shishu Pal near Ambar Hotel, Ram Bazar. Accused Vicky Rajput was holding a soil coloured plastic bag and was showing its contents to accused Shishu Pal. Shishu Pal had been exploring the contents of the bag with one of his hands inside the said bag. On this, the Head Constable suspected that the accused persons were carrying some contraband goods and on associating two Sikh gentlemen, passing by the side, where the two accused were present and in the presence of those two Sikh gentlemen as well as Additional Superintendent of Police Mrs.Satwant Atwal, checked the contents of the plastic bag. The bag contained another yellow coloured plastic bag in which Charas, in the shape of balls and fingers, was recovered. On weighment, the recovered Charas was found to be 800 grams. Two samples of 25 grams each were separated. The sample and bulk Charas were separated into three parcels and each parcel was sealed with seal `H' and the sample was sent for chemical examination.

(3.) After investigation, the respondents / accused were charged for the aforesaid offence and the case was committed to the Sessions Court.