STATE OF H.P. Vs. DAVINDER KUMAR @ GULLU

JUDGEMENT

(1.) THE present Criminal Appeal has come up for adjudication after the grant of leave to appeal has been granted under Section 378(3) of the Code of Criminal Procedure in reference to judgment dated 25.7.2001 passed by Learned Additional Sessions Judge, Solan, H.P. in Sessions Trial No. 11 -S/7 of 2000, under Section 20 of the Narcotic Drugs and Psychotropic Substances Act (in short 'NDPS Act'), acquitting the alleged accused/Respondent, in reference to FIR No. 140 of 2000.

(2.) THE prosecution case is that the police apprehended accused Shyam Lal on 2.9.2000 while on patrol duty, who disclosed that he had procured 'charas' and opium from accused Davinder Kumar, the present accused, and thereby associated PW.3, Mahinder Singh and PW.7, Prem Chand as independent witnesses. Personal search of the accused was made after apprising him whether he wanted to be searched in presence of the Magistrate or a Gazetted Officer and on his agreeing, personal search of the accused was made and 50 grams of 'charas' was recovered. Two samples of 5 grams each were taken out of the recovered 'charas' and sealed the sample 'charas'. The remaining 'charas' was also sealed separately with seal impression 'A' and handed over the same to Hari Ram and samples were sent for chemical examination to CTL Kandaghat.

(3.) PW .3 Sh. Mahinder Singh has stated that on 3.9.2000, police brought him from the Truck Union, Barotiwala, to the police Station and obtained his signatures. PW.3 was cross -examined at length by the prosecution but he did not support the prosecution case.