STATE OF HIMACHAL PRADESH Vs. DESH RAJ

JUDGEMENT

(1.) THE present criminal appeal has come up for consideration after the leave to appeal has been granted under Section 378(3) of the Code of Criminal Procedure, in reference to judgment dated 28.11.2000 passed by learned Sessions Judge Una, H.P. in Sessions Trial No. 19 of 2000, acquitting the Respondent/accused for the offences under Section 20 of the Narcotics Drugs Psychotropic Act, in reference to FIR No. 46 of 2000 dated 20.1.2000.

(2.) ON 20.1.2000 at about 10.30 P.M,. HC Jit Singh was present near Pirnigha and received a secret information that accused/Respondent was selling charas near latrines and pond at Pirnigha. Such information was disclosed by him to SI Ranjit Singh at 11.05 P.M. on which information report was sent to S.P. and rukka was sent for registration of the case and after association of two witnesses Balwinder Singh and Ranbir Singh, accused/Respondent was intercepted and he was apprised of his right of being searched and he was also asked whether he wanted to give search to the SI or before the gazetted officer or Magistrate, and after obtaining his consent and search charas was recovered from the right pocket of the jacket of the accused/Respondent kept in polythene packet, which on weighing was found 40 grams, from which samples of 5 grams each were taken out which were sealed on the spot after fulfilling the formalities and after investigation the accused/Respondent was charged for the aforesaid offence.

(3.) AFTER going through the contents of the evidence of the prosecution witnesses and materials on record, PW -8 has stated that he is Pradhan of Gram Panchyat, Basoli and has stated that on 20.1.2000 he joined Balwinder Singh and went to temple office of Pirnigha, where accused/Respondent, was present and search of the accused/Respondent was made. However, PW -8 had denied that accused/Respondent was not taken to the tank near latrine and he was not given notice before recovery and search. From the testimony of PW -8, sealing of sample was made in temple office, however, without looking to the contents thereof he had put his signatures.