STATE OF H P Vs. BIKRAM SINGH

JUDGEMENT

(1.) The State is in appeal against acquittal of the respondent (accused) for the offence under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'NDPS Act') by the learned Additional Sessions Judge, Una, H. P. vide judgment dated 24.05.2001.

(2.) Factual matrix as noticed by the learned trial Court is as under.

(3.) On 6.12.2000 Head Constable Hoshiar Singh along with some police officials was present at village Saloh. Constable Kulbhu-shan No. 28 came there and gave him information that accused who was present at village Ghaluwal was indulging in the illicit business of narcotics. This information was reduced into writing vide Ext. PA which was sent to the police station by the Head Constable through C. Sher Bahadur and an information to this effect under Section 42 of the N. D. P. S. Act was sent to S. P, Una through C. Ranjit Singh. The Head Constable has further. stated that thereafter he formed a raiding party consisting of independent witnesses Satish Kumar and Rajesh Kumar and proceeded to village Ghaluwal where the accused was apprehended and the Head Constable expressed his suspicion that the accused was carrying some incriminatory material with him. Thereafter, the accused was apprised of his right under Section 50 of the Act as to whether he wanted to be searched personally by the police party or by a Magistrate or by any gazetted officer. The accused thereafter gave his consent vide Ext. PB that he wanted his personal search to be conducted by the police party. The I. O. further states that the police officials gave their personal search to the witnesses but nothing was recovered from them and in this behalf memo Ext. PC was prepared. Thereafter, the accused was searched and from the right pocket of his pant a polythene envelope containing opium was recovered. It was weighed and found to be 110 grams out of which 2 samples of 10 grams each were separated and all the three parcels were sealed with seal 'HS' which after use was handed over to Satish Kumar. All the three parcels were taken in possession vide Ext. PD. The accused was apprised of his grounds of arrest vide Ext. PE whereafter he was personally searched vide memo Ext. PF. The I. O. had prepared site plan Ext. PW-12/A. In the evening, he handed over the accused and the case property to ASI Mohinder Singh at Police Station, Una. On 7.12.2000 the Head Constable had sent special report u/S. 57 of the Act to S. P. Una a copy of which is Ext. PN was returned to him after its original was received by the S. P. The report of Chemical Examiner has been tendered in evidence vide Ext. PW-12/B. The bulk parcel of opium is Ext. P-1 and Ext. P-2 is the sample parcel.