STATE OF HIMACHAL PRADESH Vs. INDER SINGH

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgment dated 1.10.2002 passed by the learned Sessions Judge, Kullu, District Kullu in Sessions Trial No. 27/02, whereby he acquitted the accused of having committed an offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act ').

(2.) THE prosecution story, in brief, is that on 22nd November, 2001, HC Gagbir Singh (PW7) along with HC Narinder Singh (PW6), HHC Surat Ram (PW5), Constable Inder Singh (PW8) and HC Ranjeet Singh laid a 'naka ' at Bhutti Chowk, Kullu. At about 10.45 p.m., they saw a person coming from Shishamati side. This person was carrying a plastic bag in his hand. On seeing the police, this person tried to run away. This aroused suspicion in the mind of the police officials and they overpowered the person, who on inquiry revealed his name to be Inder Singh, son of Sh. Lotam Ram (accused).

(3.) ACCORDING to PW -7, he produced the case property before PW -4, who resealed the same and deposited the same in the Malkhana. One of the samples was sent to the Examiner, CTL, Kandaghat and as per report, Ext.PW2/A, the sample was found to be of Charas having resin content of 35.50%. After trial, the accused has been acquitted and hence, the appeal by the State.