STATE OF H.P. Vs. SURAT RAM

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgment dated 21.01.1999 delivered by the learned Additional Sessions Judge, Shimla in Sessions Trial No. 1 -S/7 of 1995 whereby he acquitted the accused of having committed an offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substance Act, 1985 (here -in -after referred to as the Act).

(2.) THE prosecution case, in brief, is that on 25.12.1993 PW -7 ASI Gurdeep Singh was on patrolling duty in Jatog Bazar alongwith PW -3 constable Pawan Kumar. At about 3.30 p.m. they noticed that the accused person on seeing the police officials tried to run away. This aroused the suspicion in the mind of PW -7 and he over powered the accused with the help of Shri Pawan Kumar. The accused was given an option as to whether he would like to be searched by the police officials or before a Gazetted Officer or a Magistrate and memo Ext.PW -3/A was prepared in this behalf. The accused opted to be searched by PW -7. He was searched in the presence of witnesses PW -4 Payare Mohan and Sunil Kumar PW -6. From the right side picket of the coat charas was recovered. Weights and scales were called for and on weighment this charas was found to weighing 270 grams. Thereafter two samples of 25 grams each were drawn and sealed with seal V. The bulk charas and the two samples were taken into possession vide memo Ext.PW -3/C. Rukka Ext.PW -3/B was sent to the police station and the accused was informed about the grounds of his arrest vide memo Ext.PW -7/A. Special report was also sent to the S.P. Shimla. PW -7 then produced the case property before the SHO Boileauganj, who resealed the case property with his own seal. Thereafter, PW -7 and SHO Boileauganj produced the case property and the accused before the Dy. S.P. who also initialed the recovery memo. One of the samples was sent for analysis to the CTL Kangadhat. Report Ext.PW -7/D was received whereby the expert opined that the stuff contains contents of charas and that the resin was 33.05%. On the basis of this material, the accused was challaned for having committed the offence aforesaid. He has been acquitted by the learned trial Court. Hence, the present appeal by the State.

(3.) SECTION 50 of the Act reads as follows: