STATE OF HIMACHAL PRADESH Vs. BALDEV SINGH

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgment dated 01.01.2003, passed by the learned Sessions Judge, Hamirpur, in Sessions Trial No. 1 of 2002, whereby he acquitted the accused of having committed an offence punishable under Section 20 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the NDPS Act).

(2.) BRIEFLY stated, the facts of the case are that on 29th September, 2001, PW -9, Inspector Hukam Chand alongwith ASI Raj Kumar, HHC Ram Chand, PW -8, Desh Raj, PW -6, HHC Phula Singh and Constable Madan Lal had gone on patrolling duty. When they were at Patta, PW -9 received secret information that the accused Baldev Singh was indulging in the sale of charas. On receipt of the information, PW -9 recorded the same and sent the information through PW -8 to the Superintendent of Police, Hamirpur by writing, a photo copy of which is Ex. PW -9/A.

(3.) AS far as the independent witnesses are concerned, they both turned hostile and did not support the prosecution at all. According to them, nothing was recovered in their presence. There are also certain contradictions in the statements of the official witnesses. It appears that after PW -3 arrived at the spot, he again asked the accused whether he was willing to be searched before him. At this time, the only option given to the accused was that whether he was willing to get himself and his shop searched by PW -3 vide Ex. PW -1/B. At this stage, the accused was not informed that he had a legal right to be got searched before a Magistrate. Neither PW -9 nor PW -3 ever informed the accused that he had a legal right to got himself searched before the Magistrate.