STATE OF HIMACHAL PRADESH Vs. JASWANT SINGH

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgment dated 22.03.2003, passed by the learned Sessions Judge, Chamba, in Sessions Case No. 27 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 23rd January, 2001, PW -9, ASI Kushal Chand, was on traffic checking duty at Tunuhatti barrier alongwith Constable Lokinder Singh, HHC Naresh Kumar and Constable Ravinder Kumar. At about 10.45 a.m., a tempo bearing No. HP -28 -0237 came from Banikhet side. The same was going towards Pathankot. The tempo was stopped and PW -9 and other police officials opened the doors of the cabin of the tempo. It is alleged Jaswant Singh (accused) was driving the truck and he alone was travelling in the tempo. Further, according to the prosecution, the accused on seeing the police, tried to hide a bag and kept it behind the driver 'sseat. PW -9 then touched the bag and found that it contained some solid substance and on smelling, he felt that it was the smell of charas. Thereafter, the bag was removed from the cabin of the tempo. The accused was made to get down from the tempo and was taken to Police Post Tunuhatti. He was made to sit there alongwith the bag. Then, PW -9 informed SHO Jitender Kumar at Police Station Dalhousie that some charas has been recovered.

(3.) THE independent witnesses have not at all supported the prosecution case. As far as PW -1 is concerned, according to him, by the time he was called, the contraband had already been seized and only weighed in his presence. Though, he has been cross -examined at length by the learned Public Prosecutor, he has denied that in his presence, the accused was made to sit in the police post alongwith the bag. However, he has admitted that when the bag was opened, charas was found in bag, which weighed 2 kg 500 gms and was taken in possession in his presence. In his cross -examination by the learned counsel for the accused, he has admitted that he was working as a cook at the check post at Tunuhatti and that PW -9, ASI Kushal Chand, had cited him as a witness in other five or six NDPS cases. He has also admitted that no person was apprehended in his presence.