STATE OF HIMACHAL PRADESH Vs. SANDEEP KUMAR

JUDGEMENT

(1.) RESPONDENTS were acquitted by the learned trial Court for offences punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 in short 'the Act ' for allegedly keeping in possession 415 grams of charas and also under Section 25 of the Indian Arms Act, 1959 as having found in possession 1.9 ' sword in the Dickey of the vehicle in which they were traveling.

(2.) IN short, prosecution story can be stated thus. On 11.3.2000, around 11.40 p.m. PW10 S.I./ Additional SHO Police Station Ghumarwin was heading a police patrol party. He received information that one Sandeep Kumar son of Ridku Ram accompanied by two other persons were traveling in a Maruti Van, bearing registration No. HP -23 -3401. They were having charas in their possession. This information was jotted down by him in the shape of Ext. PB and was sent to PW6 Sub - Divisional Police Officer Ghumarwin. Thereafter he proceeded to village Kothi and put a naka and also associated with him one Ashwani Kumar resident of Ghumarwin (not examined). Around 12.15 a.m. the aforesaid Maruti Van reached there. It was stopped. Respondent Sandeep Kumar was on the steering wheel along with Respondent Nand Kishor and Prashant sitting in the said Van. He informed the Respondents in writing to exercise their option to be searched either before a Gazetted Officer or by a Magistrate. The Respondents opted to be searched by the police party. To this effect memo Ext. PC was prepared on the spot. PW10 S.I. Rajesh Kumar rendered himself to be searched by the Respondents but nothing incriminating was found in his possession. To this effect, memo Ext. PM was prepared. Thereafter he conducted the search of the vehicle in question and found one bag between the legs of Respondents Prashant and Nand Kishore. On searching the bag, he discovered a polythene bag which contained charas in the forms of billets weighing 415 grams. Out of the recovered stuff, two samples of 25 grams each, were separated and sealed with seal impression 'N '. The remaining bulk was also sealed with the same seal and the case property was taken into possession vide seizure memo Ext. PD.

(3.) PW 10 S.I. Rajesh Kumar also conducted the search of the dickey of the Van and recovered a sword (Ext. P4). Its sketch was taken on a piece of paper Ext. PF. Thereafter it was taken into possession vide memo Ext. PE. The vehicle and the documents were also taken into possession vide memo Ext. PG.