STATE OF H P Vs. HARISH KUMAR

JUDGEMENT

(1.) THE present criminal appeal has come up for consideration after leave to appeal has been granted under Section 378 (3) of Cr. P.C against the judgment passed by Additional Sessions Judge, Mandi in Sessions trial No. 16 of 1998 dated 27-1-2001, acquitting the respondent/accused for the offence under Section 20 of Narcotics Drug and Psychotropic substance Act 1985, in respect of alleged recovery of 250 grams of charas on 3-1-1998.

(2.) THE prosecution case in brief is that on 3-1-1998, ASI Dhyan Singh along with Head Constable Biri Singh, HC Hari Ram, Constable Natha Singh, Constable Bhuri Singh , Constable Dalar Khan and lady Head Constable Santosh Kumar was present at Bhagwan Mohalla in connection with investigation of case FIR No. 12/98 under Sections 457, 380 and 342 of IPC, then at about 1.30 p.m. accused/respondent made a disclosure statement in presence of independent witnesses Tilak Chand, Dharampal Kapoor and Devi Nand Malhotra. Search was made and 64 sticks of charas kept in a plastic envelope in sheet box were recovered which on weighing was found to be 250 grams. Two samples each of 10 grams were separated and put into a separate packet. Both samples packets were sealed with seal impression "K". Seal impression was also taken on cloth. After investigation the accused/respondent was charged for the aforesaid offences.

(3.) PW-1 Tilak Chand stated to be independent witness of the recovery has not supported the prosecution case. According to him no search/recovery was made in his presence and he does not remember from whose house/room, incriminating article was recovered. As such, he was declared hostile.