STATE OF HIMACHAL PRADESH Vs. RIKHI RAM

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgment dated 24.4.2003, passed by the learned Sessions Judge, Chamba, in Sessions Case No. 1 of 2002, whereby he acquitted the accused of having committed an offence punishable under Section 20 of the Narcotic and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act).

(2.) BRIEFLY stated, the facts of the case relevant for the decision of the case are that on 6.10.2001, PW -9 H.C. Pritam Singh alongwith HHC Rajinder Kumar, LHC Ram Parkash and PW - 5 Constable Majid Mohd. were at Banikhet barrier on routine checking duty. At about 11.10 a. m., a private bus belonging to Prem Bus Service bearing registration No. HP -39 -6535 came from Chamba side which was going towards Palampur. The bus was stopped for checking. When checking was going on, a person was found sitting on seat No. 27 and the police found that this person had tied something around his waist. On inquiry, the person disclosed his name to be Rikhi Ram (accused). On touching the material tied to the waist, the police officials found that it was something hard and this aroused their suspicion and, therefore, the accused was asked to get down from the bus and thereafter, his search was conducted in the presence of PW -1 Narain Dass and one Rarkesh Kumar. On search, it was found that the accused had wrapped a cloth around his waist. Inside this cloth, there was a bag and inside the bag there were two polythene packets in which charas was there, which, on weighing, was found to be 1.3 kg.

(3.) ON the basis of the aforesaid material, the accused was charged with having committed an offence under Section 20 of the Act. He has been acquitted after trial, hence this appeal by the State.