STATE OF H P Vs. DAMODAR DASS

JUDGEMENT

(1.) ACCUSED Damodar Dass stands acquitted for having committed an offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the 'NDPS Act').

(2.) IT is the case of the prosecution that ASI Chunni Lal (PW-9) was on routine patrol duty along with Head Constable Rajesh Kumar, Constable Mani Ram, Constable Anil Kumar and LHC Devi Singh at Pandoh Dam on 18-11-1987. They had checked 3/4 buses and when bus bearing No. HP-34-1146 reached it was stopped. Police party entered the bus and spotted the accused sitting on seat No. 39. He was holding a bag (Ex. P-1) which smelled like CHARAS a contraband substance. The bag was kept on his legs and concealed by him with his hands. Driver Sh. Kanshi(PW-2) and the conductor Sh. Hitesh Kumar (PW-1) were called and the accused questioned, who disclosed his name to be Damodar Dass. The accused was informed about the suspicion of carrying a contraband substance and consequently his consent for being searched before the Magistrate, Gazetted Officer or the police official was sought vide consent memo Ex. PW-2/A. Accused offered himself to be searched by the police official present at the spot. From the bag, 241 sticks of contraband substance (CHARAS) were recovered. The raiding party alighted from the bus. Constable Anil Kumar(PW-4) was sent to get the scales from the nearby place. After receiving the scales the contraband substance was weighed which was found to be 1 Kg, 650 grams. Two samples of 25 grams each were taken by PW-9 and sealed with five seals bearing impression 'A'. The remaining bulk parcel was sealed and sealed with six seals bearing impression 'A'. The seal was handed over to PW-2. The accused was arrested on the spot after being informed of his involvement in the alleged crime. The recovered samples were deposited by PW-9 in the Police Station, Sadar and certificate Ex. PW-8/B obtained. According to PW-9, SHO Police Station, Sadar put his seal bearing impression 'H' on the sealed parcels. The sample sealed parcels were sent to Forensic Science Laboratory for analysis and report Ex. PP obtained. On the spot, statements of witnesses were recorded and necessary papers prepared. With the completion of investigation, challan was presented in the Court for trial.

(3.) IN order to prove its case prosecution examined nine witnesses and statement of the accused under Section 313 of Cr. P.C was also recorded. Upon careful scrutiny of material and appreciation of evidence led by the parties, the accused stands acquitted by the Court below, in terms of impugned judgment. Hence, the present appeal.