STATE OF HIMACHAL PRADESH Vs. AJAY KUMAR

JUDGEMENT

(1.) THE present criminal appeal has come up for consideration after the leave to appeal has been granted under Section 378(3) of Code of Criminal Procedure in reference to the judgment dated 5.6.2001 passed by learned Sessions Judge, Kangra at Dharamshala in Sessions Case No. 5 -N/VII/1999, thereby acquitting the accused/Respondent for the offence under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short the 'NDPS ' Act) in reference to FIR No. 100 dated 15.4.1998 of Police Station, Nurpur.

(2.) THE prosecution case, in brief, is that on 15.4.1998 at 4.50 PM, Inspector -SHO Jagan Nath Nirala along with ASI Roop Lal and police constables and witnesses Yudhister and Thuru were present in the investigation of the case, when a secret information was received that Ajay Kumar was selling 'charas ' at his shop. On receiving such information, the party raided the shop of the accused/Respondent and on search recovered 590 grams of 'charas ', out of which two samples of 20 grams each were taken out and were sealed separately and were sent to the chemical examination. After investigation, accused/Respondent was charged for the aforesaid offence.

(3.) PW -1 Thuru Ram has stated that the accused was running Halwai shop at Gangath and two years ago, police came but the shop of the accused was not raided in his presence. However, PW -1 was declared hostile.. PW -1 has also not supported the prosecution case through his statement made in cross examination.