STATE OF HIMACHAL PRADESH Vs. KARAM SINGH

JUDGEMENT

(1.) RESPONDENT Karam Singh was allegedly found in possession of 1 Kg. of Charas and 150 grams of opium in his residential house in village Thalaut. He was accordingly charge -sheeted, tried and acquitted by the learned trial Court for the offences punishable under Sections 18 and 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, in short 'the Act ', as such, the present appeal by the State.

(2.) IN short, the prosecution story is that on 5.5.2000 P.W. 10 ASI Subhash Chand was on patrolling duty alongwith P.W. 2 LHC Harbans Singh and other police officials in Thalaut Bazar. He received secret information at about 11.30 p.m. that the Respondent was indulging in the sale of illicit liquor. He formed a raiding party and joined P.W. 1 Devinder Singh and one Chamaru Ram as witnesses and raided the house of the Respondent. On the search of the house, police recovered two Jerry -canes of five liters each of illicit liquor and 1 Kg. Charas alongwith 150 grams of opium from room No. 3 of the upper storey. Police also took into possession the weights and measures which were found in the said room. Thereafter two samples of 25 grams each were separated from Charas and two from the recovered opium. All the four samples alongwith residue of the Charas and opium were sealed with seal impression 'T '. The case property was taken into possession vide memo Ext. PA in the presence of the witnesses. Police also prepared the site plan Ext. PJ of the place of alleged recovery.

(3.) CASE property was produced before P.W. 9 SHO Vidya Dhar, who resealed it with seal impression 'A '. Memo to this effect is Ext. PF. P.W. 9 aforesaid handed over the same to P.W. 4 MHC Naresh Kumar, who deposited it in the Malkhana.