STATE OF H P Vs. PRAKASH ALIAS

JUDGEMENT

(1.) The present appeal by the State has been directed against the acquittal of the Respondent passed by the learned Trial Court on 27.11.2000 in Sessions Trial No. 28 of 1998, for the offence punishable under Section 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (in short the Act) allegedly for keeping in possession 100 grams of charas.

(2.) Heard and gone through the record.

(3.) The factual matrix giving rise to the instant appeal may be stated thus. On 17.12.1997, ASI Jai Chand (PW7) was on night patrolling duty alongwith Head Constable Balak Ram and Constables Bhikham Ram and Deep Chand in Chobatta Bazar, Mandi. At about 4.30 A.M., they stopped Respondent on suspicion carrying contraband, who coming from the side of the Post Office, on seeing the police party took U turn. On enquiry, he disclosed his name as Prakash Chand stated to be resident of Delhi. At that time, Tej Ram (PW2), known to the said police officer, was coming from the bus-stand side, he was stopped and associated as a witness. In presence of said witness, he gave option (Ex.PW1/A), in writing to the Respondent to satisfy the mandatory provisions of Section 50 of the Act as to whether he wanted to be searched before a Magistrate or Gazetted Officer. He was illiterate and on having read the contents of Ex.PW1/A, he agreed to be searched by the police party present there vide his consent memo (Ex.PW1/B) which was thumb-marked by him. On conducting the personal search of the Respondent, a shining purse Ex.P2 was recovered from the pocket of his jacket worn by him. It contained a yellow polythene purse in it which was having 100 grams billets of charas. Out of the recovered charas, two samples of 10 grams each were separated and put them into two separate empty match boxes. The remaining residue was also sealed separately with seal impression 'J'. The specimen of the seal was also taken on a piece of cloth Ex.PW7/C. The case property was taken into possession vide memo (Ex.PW1/C).