STATE OF HIMACHAL PRADESH Vs. RAJ KUMAR

JUDGEMENT

(1.) RESPONDENT was acquitted by the learned trial Court for the offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, in short, 'the Act ', allegedly for keeping in possession of 88 grams of Charas, hence the present appeal by the State.

(2.) PRECISELY , the prosecution case can be summed up thus. On 5th May, 1990 at about 6.00 a.m. PW1 Constable Jaswant Singh had gone towards Andora to collect some information. During this period he came to know that the Respondent was indulging in the sale -purchase of narcotic and if the search is conducted, the contraband in good quantity can be recovered. This information was passed on to PW13 SI/SHO, Kailash Walia. He took down this information in the form of memo Ext. PA. He sent this information under Section 42 of the Act through HC Vijay Kumar to the Officer superior. Thereafter he included PW2 Ashok Kumar and Vijay Kumar (not examined) as independent witnesses in the raiding party and proceeded towards the house of the Respondent, but he met them on Athman road walking on foot. He was stopped and was informed that a case had been registered against him as aforesaid, thus in the presence of the witnesses rendered himself to be searched by the Respondent but nothing incriminating was found. Thereafter asked the Respondent that he entertained some suspicion that he might be carrying some contraband and further asked as to whether he wanted himself to be searched before the Magistrate/Gazetted Officer. He consented to be searched by the police party. To this effect he prepared consent memo Ext.PB. On conducting his search in the presence of the witnesses, police recovered 88 grams of Charas from the right pocket of the shirt of the Respondent. Out of the recovered stuff, two samples of 5 grams each were separated and sealed with seal impression 'X '. The remaining bulk was also sealed with the same seal and the seal after its use was handed over to PW2 Ashok Kumar.

(3.) SPECIAL report Ext.PN was sent to Superintendent of Police, through Constable Udham Singh within the stipulated time.