STATE OF H.P. Vs. BHAJAN LAL

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgment dated 22.01.1999 delivered by the Sessions Judge, Chamba Division, Chamba in Sessions Case No. 17 of 1998 whereby he acquitted the accused of having committed an offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

(2.) THE prosecution story, in brief, is that on 22.11.1997 a police party headed by PW -8 Budhi Prakash was on checking duty at the Toll Tax Barrier, Banikhet. PW -8 Budhi Prakash alongwith constable Manoj Kumar and PW -9 constable Majid Mohammad entered the bus bearing No. HP -48 -0994. The accused was sitting in the bus and got perplexed on seeing the police officials. This aroused the suspicion of the police officials who suspected that he may be carrying some contraband substance especially charas and thereafter, gave an option of search to the accused. The accused agreed to be searched by the police officials. On search 1 kg. of contraband was recovered. Two samples of 10 gram each were drawn and these two samples alongwith the bulk charas were separately sealed in three separate packets. The Investigating Officer affixed his seal 'B' on these three parcels. A Rukka was sent to the police station on the basis of which F.I.R. was registered. The accused was informed about the grounds of his arrest. Other codal formalities were completed on the spot. Thereafter, the case property was brought to the Police Station where it was handed over to PW -6 Rajinder Sharma, who resealed the same with his seal 'K' and then deposited with the MHC PW -7 Rajesh Kumar. The MHC in turn handed over one sample to constable Kamlesh Kumar PW -3, who took it to the Chemical Laboratory at Neemuch alongwith sample seal impression and R.C. Report of the Chemical Examiner Ext.PJ was received whereby it was opined that the sample was that of charas.

(3.) A perusal of the Search Memo Ex.PB shows that the accused was given a choice as to whether he wanted to get himself personally searched before a Magistrate or any Gazetted Officer or by the Investigating Officer. This is what has been stated by the Investigating Officer and other police officials also. It has been urged that the accused was not informed that he had a right to get himself searched before a Magistrate or before a Gazetted Officer. Shri N.K. Thakur, learned Counsel for the accused urged that not only must the accused be given the choice but he should also be told that he has a right to get himself searched before a Magistrate or a Gazetted Officer.