STATE OF H.P. Vs. RAJ PAL

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgment dated 12.11.1998 delivered by the learned Sessions Judge, Kullu in Sessions trial No. 22 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 (herein referred to as the Act).

(2.) THE prosecution story, in brief, is that on 1.4.1998 at about 3.45 p.m PW -13 head constable Het Ram was on patrolling duty alongwith PW -12 head constable Amar Singh and PW -1 LHC Lal Singh at Larji. Het Ram received secret information that one person was coming from Bihali towards Larji on foot and that the said person was carrying a polythene envelope in his hand. He was wearing a white Chader on the shoulder. It was suspected that he was carrying charas. The secret information was recorded in writing and sent to the Police Station Banjar vide report Ext.PA. Thereafter, two independent witnesses, Sanjeev Kumar and Hari Ram were joined with the raiding party and they were told about the information received. Thereafter, the raiding party went towards Bihali. At about 4.10 p.m when they had walked about 1 - 1/2 kilometer they found one person wearing a white chader and carrying an envelope coming from Bihali side. This person was stopped and asked to disclose is identity. He stated that he is Raj Pal S/o Om Prakash, resident of village Badota, Tehsil Karnal, i.e. the accused. The police suspected that he was carrying charas. He was given a notice and his option was sought as to whether he wanted to be searched before the police officials, a Gazetted Officer or a Magistrate. The accused consented to be searched by the police party vide his writing Ext. PL/1 on the consent memo Ext.PL. Thereafter, PW -13 gave his search to PW -10 Sanjeev Kumar as per memo Ext.PO. Then search of the accused was conducted and from the right hand of the accused an envelope was found containing charas, which on weighment was found to be 500 grams. From this, two samples of 25 grams each were drawn and both the samples and remaining charas were sealed with seal 'T' and seal after use was given to Sanjeev Kumar. The case property was taken into possession vide memo Ext.PM. The accused was informed about the grounds of arrest and sentence for the offence, etc. vide memo Ext.PN and thereafter accused was arrested. Rukka was sent through HC Amar Singh to the Police Station on the basis of which F.I.R. Ext.PB was recorded. The site plan Ext.PP and other codal formalities were concluded at the spot. In the evening PW -13 handed over the sample and case property to the SHO who resealed the same and deposited the same with MHC. Special report Ext.PD was sent to the office of Superintendent of Police on the next day. One of the samples was sent to the CTL Kandaghat and it was opined that the sample was of charas having resin content of 42%. On the basis of the aforesaid material the accused was charged with having committed an offence punishable under Section 20 of the Act. He pleaded not guilty and claimed trial and has been acquitted by the learned trial Court. Hence, the present appeal.

(3.) AS far as Section 42 is concerned, the same is not applicable since even though the charas was recovered on the basis of the prior information it was recovered in a public place. Even the provisions of Section 50 are not at all applicable in view of the fact that according to the prosecution the charas was recovered from the envelope being carried by the accused.