STATE OF H P Vs. AJAY KUMAR

JUDGEMENT

(1.) This is an appeal filed by the State of Himachal Pradesh under Section 378 of the Cr.P.C. against the judgment of the court of learned Sessions Judge, Sirmour at Nahan, H.P., dated 9.1.1992, vide which the respondents were acquitted of the charge framed against them under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, (hereinafter referred to as 'the NDPS Act').

(2.) Briefly stated, the facts of the case are that on 16.12.1989, SHO Khub Ram was present on patrolling and he received secret information, formed a raiding party consisting of ASI Chander Singh, Constables Virender Singh and Virender Kumar, and also joined independent witnesses Babu Ram and Gurdial Singh. A Van bearing No. PCP 8900 came from the side of Dadahu and it was being driven by respondent Nathi Ram and the other three respondents were found sitting in the Van. On search of the dickey of the said Van, the police recovered charas wrapped in polythene paper, which, on weighment, was found to be 3 kg. 600 grams. A sample of 50 grams was taken according to the procedure. PW-5 Khub Ram, Inspector, prepared a ruka and sent the same to the Police Station, on the basis of which, the case was registered. After registration of the case and after investigation, the challan was filed before the court of the learned Chief Judicial Magistrate, who committed the case to the court of the learned Sessions Judge. The respondents were tried by the learned Sessions Judge under the aforementioned Section leading to their acquittal.

(3.) We have heard the learned Counsel for the parties and have gone through the record of the case.