STATE OF HIMACHAL PRADESH Vs. PREM LAL

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 against the judgment dated 19.1.2005 passed in Sessions trial No. 3 of 2004 by Sessions Judge, Bilaspur, H.P., acquitting the accused/respondents for the offence under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short NDPS Act), in reference to FIR No. 226 of 2003.

(2.) THE prosecution case in brief is that, on 12.12.2003, SHO Police Station Barmana, while traffic checking along with other police officials detected a Jeep No. H.P -64 -1977, which has tried to escape, however, was apprehended and a gunny bag was recovered, from which charas was taken out. On weighing the contraband good was found 5 Kgs. 750 grams. Two sample was taken separately, which were sealed and samples were sent for chemical examination. On completion of investigation, the accused/respondent was changed for the aforesaid offence.

(3.) PW -1, Yog Raj has stated that when on 12.12.2003 police stopped a jeep, three persons sitting on the back side of the jeep ran away with a Boru while 2 persons sitting on front seat including the driver were apprehended. Whereas PW -2, Sh. Kashmir Singh has stated that in December, 2003 he was called by the police from his shop by saying that a jeep was to be checked up and when the jeep was stopped three persons sitting on the bask seat of the jeep ran away and two persons sitting on the front seat remained in the jeep. Despite following those persons, they were not apprehended, but the police brought a gunny bag stating that those persons had thrown the gunny bag. However, these two independent witnesses have declared hostile.