STATE OF HIMACHAL PRADESH Vs. GUMAT RAM

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgment dated 1.9.2000 delivered by the learned Sessions Judge, Mandi in Sessions Trial No. 2 of 2000 whereby he acquitted the accused of having committed an offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter, referred to as the 'Act ').

(2.) THE prosecution story, in brief, is that on 23.11.1993, PW/8 ASI Subhash Chand accompanied by other police officials including PW/3 Sh. Harbans Singh, LHC was present in Aut bazar in connection with patrolling duty. The police party saw the accused in the bazar at about 7.15 a.m. when he was carrying a bag. The accused on seeing the police personnel tried to slip away towards Mandi town. This aroused the suspicion of the police officials who apprehended the accused. It was suspected that the accused may be carrying some contraband in the bag. The accused was informed that his bag was sought to be searched and his consent was sought vide memo Ext.PA. He was given an option as to whether he wanted to be searched by Subhash Chand, ASI or by a Magistrate or some other Gazetted officer.The accused allegedly agreed to give his search to the police officials vide memo Ext.PB in the presence of Dile Ram, PW/1 and Gulab Singh, PW/7, the independent witnesses.

(3.) ON the basis of this material, challan was filed against the accused and the accused was charged with having committed an offence punishable under Section 20 of the Act. The accused pleaded not guilty and claimed trial. The prosecution examined nine witnesses. After trial, the accused was acquitted. Hence the present appeal by the State.