STATE OF H.P. Vs. SOHANJIT SINGH

JUDGEMENT

(1.) The present criminal appeal has come up for consideration after leave to appeal has been granted, under Section 378(3) Cr.P.C., in reference to the impugned judgment, dated 2.5.1992, passed by the learned Sessions Judge, Solan, HP, in case No. 7-S/7 of 1992, acquitting the respondent-accused for the alleged offence, under Sections 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

(2.) In order to adjudicate the criminal appeal, it is necessary to give the factual back ground of the case.

(3.) Prosecution case is that on 27.4.1991 at about 6.00 p.m. S.I. Basher Singh while on patrol duty along with other police officials observed one person coming from the side of village Kotla, who on seeing the police party, tried to escape. However, he was apprehended and upon getting suspicion, SI Basher Singh expressed his intention to take the search of the accused and he enquired from him whether he would like to be searched by him or before a gazetted officer. The accused agreed and consented to be searched by S.I. Basher Singh. During search by S.I. Basher Singh, 50 grams of opium wrapped in polythene paper was recovered from inside the pocket of the pant of the accused. Opium so recovered was taken into possession. Thus, a case under Section 18 of the Narcotic Drugs & Psychotropic Substances Act, 1985 was registered at Police Station, Barotiwala, vide F.I.R. No. 10 of 1991. After completion of the investigation, accused was challaned and sent up for trial.