STATE OF HIMACHAL PRADESH Vs. GOPAL SINGH

JUDGEMENT

(1.) THIS is an appeal filed by State of Himachal Pradesh under Section 378 of the Cr.P.C. against the judgment of the court of learned Sessions Judge, Kangra at Dharamshala, dated 1.11.2002, vide which both the accused were acquitted of the charge framed against them under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, hereinafter referred to as the Act.

(2.) BRIEFLY stated, the facts of the case are that on 2.11.2001, traffic constable PW -7 Shiv Kumar was on traffic duty at Kotwali Bazar, Dharamshala Chowk. A Delhi bound bus from Mcleodganj reached at Kotwali Bazar Chowk at 7.30 p.m. and on stopping, a person attempted to board the same, but when he saw constable Shiv Kumar, instead of entering the bus, started walking. The said person was accused Gopal Singh. His conduct made Shiv Kumar, Constable, suspicious, who followed the accused. On the way, another person, namely, respondent Khalbahadur, met him. Accused Gopal Singh was carrying a leather bag and Khalbahadur was also having a Pitthu type bag and when they saw Shiv Kumar approaching, they attempted to run away, but were overpowered by Shiv Kumar. A suspicion was raised that they were possessing something and Constable Shiv Kumar took a lift on a passing vehicle and went to Circuit House, Dharamshala, where Superintendent of Police, Kangra was staying. The Superintendent of Police was out of station. So, Shiv Kumar telephonically informed the SHO, Police Station, Dharamshala about bringing of two suspects. A rapat Ext.PC was entered by the PW -3 MHC Tibti Ram and Dy.S.P., Kangra PW -8 Omapati Jaswal and PW -9 S.I. Purshottam Dass proceeded to the Circuit House, Dharamshala. Option was given to the accused vide Ext.PW -9/A if they wanted to be searched by a Gazetted Officer and consent of the accused vide Ext.PW -8/A was obtained. Both the accused were searched in presence of PW -1 Bidhi Singh and PW -2 Bidhi Chand, Chowkidar of the Circuit House. On checking the bag carried by Khalbahadur, 1.350 kg. charas was recovered and from the bag of Gopal Singh, 1.150 kg. charas was recovered. Two samples each weighing 25 grams were taken from both the bags which were sealed at the spot as per procedure. On completion of investigation, the challan was filed before the learned trial Court, who tried the respondents under Section 20 of the Act leading to their acquittal.

(3.) WE have heard the learned Additional Advocate General for the appellant and Mr.G.R. Palsara, Advocate, for the respondent, and have gone through the record of the case.