STATE OF H P Vs. RAM KUMAR

JUDGEMENT

(1.) THE present criminal appeal has come up for consideration after leave to appeal has been granted, under Section 378 (3) Cr.P.C., in reference to the impugned judgment, dated 5.6.2001, passed by the learned Sessions Judge, Mandi, H.P., in Session Trial No. 23 of 2000, acquitting the respondent- accused for the alleged offence, under Section 20 of the Narcotic Drugs and Psychotropic Substances Act in respect of alleged recovery of 60 grams of charas on 20.6.2000 at about 7.45 p.m. in the area of Seri Bazar.

(2.) THE prosecution story is that on 20.6.2000 PW-10 Parkash Chand, S.I./SHO, Police Station, Jogindernagar along with PW-3 Balwant Singh Constable and other police officials was on patrol duty in the area of Jogindernagar town since 5.30 a.m. At about 7.45 a.m. when the raiding party reached Seri Bazar near hospital when a person came on motor cycle No. WMZ-4515 without helmet. On suspicion the motor cycle was stopped in presence of PW-1 Pyar Chand and PW-2 Shyam Lal. After obtaining his consent whether he wants to be searched by the police officer or by some gazetted officer or Magistrate, search of the accused was conducted and a polythene packet containing charas was recovered from the left hand side pocket of his pant which on weighing was found to be 60 grams. Two samples of 10 grams each were taken from the recovered charas and the remaining charas was sealed with seal 'T'. THE case property was deposited by PW-10 S.I. Parkash Chand with the MHC PW-5 Ram Saran who recorded the FIR and kept the case property in safe custody. THE sample was sent through PW-8 Suresh Kumar Constable to the office of C.T.L. Kandaghat and the special report was sent to the Dy.S.P. as per PW-6 Biri Singh Reader. After investigation the accused was charged for the aforesaid offence.

(3.) PW-1 Pyar Chand an eye witness has stated that he was summoned to Police Station, Jogindernagar at 11.00 O' clock and was told that some charas has been intercepted by them.