STATE OF HIMACHAL PRADESH Vs. GAJINDER

JUDGEMENT

(1.) THE Respondents were acquitted by the learned trial Court, for allegedly keeping in their possession the narcotics i.e. 250 grams of Opium and 50 grams of Charas in their Dhaba, as such, the State has challenged their acquittal in the present appeal.

(2.) RESPONDENT No. 2 Des Raj @ Raju was alleged to be the owner of the Dhaba, which was running under the head and style of "Five Star Dhaba" at Kothipura on partnership basis with Ravi Kumar (Proclaimed Offender). The case of the prosecution is that Gajinder Respondent was found working as a servant in the said Dhaba.

(3.) RESPONDENT Gajinder was arrested and grounds of arrest were also informed to him. Another Respondent was not present. Case property was brought to the Police Station and deposited in the Malkhana. Thereafter, police also arrested the owner of the Dhaba Des Raj @ Raju Respondent. His another partner Ravi Kumar belonged to Maharashtra and could not be traced, as such he was declared proclaimed offender.