STATE OF H P Vs. YASH PAL

JUDGEMENT

(1.) THE present criminal appeal has come up for consideration after leave to appeal under Section 378(3) of the Code of Criminal Procedure has been granted in reference to the impugned judgment dated 21.04.2000, passed by the learned Sessions Judge, Una, District Una, H.P. in sessions case No. 26 of 2000, acquitting the respondent-accused for the offence under Section 20 of the Narcotic Drugs and Psychotropic Act, 1985.

(2.) PROSECUTION case is that on 25.3.2000 at about 5:15 p.m SI Harnam Singh (PW-12) of Police Station, Una, while on patrol duty at bus-stand, Una, alongwith constable Harbans , ASI Amar Singh, HC Arjun Singh and constable Vinod Kumar received secret information that accused-respondent is having charas in his kiosk (khokha) at the bus-stand. Statement under Section 154 Cr.P.C., Ex. PB, was recorded by ASI SI Harnam Singh and the same was sent through constable Harbans Singh to P.S. Una for registration of the case. Accordingly, a formal FIR, Ex. PF, was registered by MHC Manmohan Singh/PW-10 and a copy of the same was sent to S.P. Una, through constable Vinod Kumar/PW-4. Thereafter, SI Harnam Singh associated Devender Kumar/PW-9 and one Banwari Lal with the raiding party. After searching the khokha, charas weighing 380 grams was recovered from the drawer of the counter of khokha, which was kept in a polythene wallet. One scale and weight were also recovered therefrom. Two samples of 10 grams each were separated and sealed in parcels and the remaining charas was sealed in a separate parcel bearing seal 'A'. After completion of investigation, the accused-respondent was charged for the aforesaid offence.

(3.) IN order to prove its case, prosecution examined as many as twelve witnesses, namely, PW-1 SI Bansi Lal, PW-2 LHC Bansi Lal, PW-3 LHC Dalbir Singh, PW-4 C. Vinod Kumar, PW-5 Ram Kumar, PW-6 HC Ashwani Kumar, PW-7 LHC Harbans Singh, PW-8 HC Arjun Singh, PW-9 Devender Kumar, PW-10 MHC Manmohan Singh, PW-11 ASI Mohinder Sen and PW-12 SI/SHO Harnam Singh, whereas, accused-respondent through his statement under Section 313 Cr.P.C. denied the prosecution case.