STATE OF H P Vs. HANS PETER WUTHRICH

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgment dated 1.12.1999 passed by the learned Sessions Judge, Kullu in Sessions Trial No.17 of 1997 whereby he acquitted the accused of having committed offences punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act') and Section 25 of the Arms Act, 1959.

(2.) THE prosecution version, in brief, is that on 1st December, 1996, PW-19 K.C. Rana, who was then posted as Station House Officer in Police Station, Manali, was on patrolling duty in Manali Bazaar alongwith other police officials, including PW- 18, Amarjit Singh. At about 2.00 p.m. PW-19, K.C. Rana received a secret information that the accused, who was residing in the house of PW-14, Ahlya Devi, is engaged in the sale and purchase of charas. THE secret information supplied also revealed that the accused is having some arms without licence and that he is living there without a valid passport. On receipt of the secret information, PW-19 sent rukka Ex. PB to the Superintendent of Police and he constituted a raiding party consisting of some police officials and two independent witnesses were also associated. THEy are PW-16, Jindu Ram and PW-17, Jiwan Sood.

(3.) ACCUSED pleaded not guilty and claimed trial. After trial, he has been acquitted. Hence, this appeal by the State.