STATE OF H.P. Vs. GURDEEP LAL

JUDGEMENT

(1.) The two respondents (hereafter referred to as the accused) I having been tried for the offence under section 20 of the Narcotic/ Drugs and Psychotropic substances Act (hereafter referred to as the NDPS Act) stand acquitted by the learned sessions judge, Una vide judgment dated January 18, 2000 in Sessions trial No. 19 of 1999.

(2.) According to the prosecution story, on February 28, 1999 Sub -Inspector Kailash Walia, Station House Officer of police station, Amb was present in village Mairi in connection with the fair, when he received information from constable Jaswant Singh that the two ace -used, who were sitting on the staircase leading to charanganga and talking to each other were suspected of being in possession of Charas. The information so received was duly recorded by Sub -Inspector Kailash Walia and sent to his superior Officer. A Rooka was also sent to the police Station for the registration of the case. Sub -Inspector Kailash Walia thereafter constituted a raiding party in which S/Shri Bidhi Chand and Shadi LaL were associated. The two accused, who were sitting on the staircase leading to charanganga and talking to each other, were apprehended. Sub -Inspector Kailash Walia informed that since he suspected them to be in possession of some narcotics, their personal search was required to be carried out. He, therefore, enquired from each the two accused if they would like to be searched by him or would like to be searched before the .Magistrate or a Gazetted Officer. The two accused are alleged to have opted to be searched by Sub -Inspector Kailash Walia. Thereupon, personal search of the accused was carried out and 88 Gms. Of Charas was recovered from accused Gurdeep Lal while 84 Gms. Of Charas was recovered from the person of accused Shankar. The Charas so recovered from each of the two accused, was separately sealed after taking out two samples each from the quantity of Charas1 recovered from each of the two accused.

(3.) The samples were sent to the chemical Examiner who found the contents to be that of Charas1. Before the samples were sent to the chemical Examiner for analysis, the sealed packets containing the seized contraband were produced before the learned Additional Chief Judicial Magistrate, Amb. Such sealed packets were photographed and the packets were re -sealed with the seal of "SJ -cum -SDJM Amb".