STATE OF HIMACHAL PRADESH Vs. PARKASH DASS

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 17.9.2001, passed by learned Sessions Judge, Bilaspur, HP, thereby acquitting the accused/Respondent for the offence under Section 20 of Narcotic Drugs & Psychotropic Substances Act, 1985.

(2.) THE prosecution case, in brief, is that on 10.1.2001, the accused was traveling in Jeep No. HP - 34 -4892, from Kullu to Allahabad. On way near Bilaspur, the Jeep, which was being driven by Hari Krishan, was checked up by the police at about 2.45 P.M. and ten persons, including driver and accused, were found in the jeep. Out of whom, six were ladies and four were gents. A bag containing Charas, being carried by the accused on his lap was recovered from the possession of the accused, in which Charas was kept in a polythene envelope. The Charas was weighed and the same was found 1 Kg. 225 gms. Out of which, two samples each of 25 gms. were taken and remaining Charas was kept in three separate cloth parcels, which were sealed with seal "M". A seizure memo was prepared, which was witnessed by Hari Krishan, the driver of Jeep and also by Moti Ram. The Ruqa was sent to Police Station, Sadar, Bilaspur and in that reference, the FIR was lodged. The matter was investigated and the case was tried by learned Sessions Judge.

(3.) PROSECUTION has examined (PW -1) Hari Krishan, (PW -2) Inspector Devi Ram, (PW -3) HC Ram Lal, (PW -4) HC Chet Singh, (PW -5) HC Jag Pal, (PW -6) HC Devi Ram and (PW -7) ASI Dharam Singh.