STATE OF HIMACHAL PRADESH Vs. HIRA SINGH

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 1.2.2001 passed by the learned Additional Sessions Judge, Shimla in Sessions Trial No. 25 -S/7 of 2000 whereby the Respondents, who were charged with and tried for offence punishable, under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act ' for convenience sake), have been acquitted.

(2.) CASE of the prosecution, in a nutshell, is that on 28.6.2000 at about 12.35 A.M. Harjit Singh, Head Constable, (PW -9) was on patrol duty alongwith PW -3 Ranjit Singh and Kalam Singh and two independent witnesses Sh. Satish Kumar Sood (PW -7) and Ramesh Kumar (PW -8). When they were present at Tikkar Ghati, a Maruti van bearing registration No. HP -02 -0085 came from Basantpur side. It was stopped by PW -9 Harjit Singh with the help of two constables. One man escaped, however, two other persons were apprehended and search was made out in the presence of the witnesses. One cotton bag lying on the back seat of the van was recovered. It was found containing charas in a polythene bag. A weighing machine was called on the spot through PW -7 Satish Kumar, Shop -keeper, and on weighing it was found 1 kg. 650 grams of charas. Two samples of 25 -25 grams each were taken out for chemical analysis. The two samples and the remaining charas were sealed in three parcels and the signatures of the Respondents as well as witnesses were obtained on the Panchnama. The samples and the remaining charas were sealed with seal impression 'H ' and a sample was taken on the cloth and the seal impression was handed over to witness Satish Kumar (PW -7). On the basis of Ruka, FIR Ex.PW -4/B was registered against both the Respondents under Section 20 of the Act. The S.H.O., Police Station Boileauganj also reached the spot after receiving the information. He resealed the sample parcels and the remaining charas with seal impression 'N '. The samples were sent for chemical analysis. The Chemical Examiner gave his report Ex.PW -9/G.

(3.) MR . Rajesh Mandhotra has vehemently argued that the prosecution has proved its case against the Respondents. According to him, learned trial court has not appreciated the evidence in right perspective.