STATE OF H.P. Vs. SHYAM LAL

JUDGEMENT

(1.) THE present criminal appeal has come up for consideration after leave to appeal has been granted, under Section 378(3) Code of Criminal Procedure, in reference to the impugned judgment, dated 25.7.2001, passed by the Additional Sessions Judge, Solan in Sessions Trial No. 12 -S/7 of 2000, acquitting the Respondent -accused for the alleged involvement for the offences, under Sections 18 and 20 of the Narcotics Drugs & Psychotropic Substances Act, 1985 (in short 'the Act') in reference to FIR No. 140 of 2000, dated 2.9.2000.

(2.) THE prosecution case is that on receiving secret information by the I.O. that accused -Respondent used to sell opium near Haripur Bridge, Barotiwala road, the same was recorded and was sent to Dy. S.P., Nalagarh through Constable Jaswant Singh and associating Prem Chand and Mohinder Singh in the raiding party, PW -10 Vijay Kumar went to Haripur Bridge, Barotiwala road, where accused -Shyam Lal on seeing the police party had tried to run away, however, he was apprehended and on apprehension, he was informed whether he wanted to be searched by the Gazetted Officer or by the Magistrate or before the Police Officer. Accused -Respondent gave his consent to be searched by the Police Officer. Thereafter, search of Shyam Lal -accused was conducted and after search 50 grams of opium was found in possession of accused. Two samples of 5 grams each were taken and kept in two match boxes and sealed with impression 'T' and remaining opium was sealed in a separate parcel with seal impression 'T'. Case property was taken into possession vide memo Ex. PW1/J. Seal was handed over to Mohinder Singh after use and ruka Ex. PW -4/A was prepared and sent to Police Station, Barotiwala through Constable Anil Kumar for registration of FIR. Thereafter, ASI Sudarshan Singh reached at the spot and all the documents were handed over to him vide Ex. PW1/K. After fulfilling the formality, samples were sent for chemical examination and chemical report Ext. PW -10/A was obtained and after investigation accused was charged for the aforesaid offences.

(3.) ON 2.9.2000 PW -1 Prem Chand has stated that on 3.9.2000, when he was present at his shop, however, is not aware about any incident, was called by the Investigating Officer at Police Station and his signatures were obtained on plain papers. PW -1 did not know Shyam Lal. PW -1 was, however, declared hostile. In cross -examination also, PW -1 did not support the prosecution case at all.