STATE OF HIMACHAL PRADESH Vs. DEEP RAM

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgment dated 14th July, 2004, delivered by the learned Sessions Judge, Sirmaur at Nahan, in Sessions Trial No. 27ST/7 of 2003, whereby he acquitted the accused of having committed an offence punishable under Section 20 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the NDPS Act). Briefly stated, the prosecution story is that on 27th

(2.) JANUARY, 2003, PW9, SI Bishan Thakur; PW8, ASI Balak Ram and other police officials were present at Gata Dhar. PW9 had received secret information that accusedDeep Ram of Village Bagari deals in Whether the reporters of local papers may be allowed to see the Judgment? Yes. the sale and purchase of contraband like opium and charas and that he is likely to come towards Gata Dhar from Sangna. On receipt of this information, PW9 constituted a raiding party and associated two independent witnesses, PW1, Gulab Singh and PW2, Hira Singh, with the police party. When the raiding party reached near Sangna, the accused was seen coming towards Gata Dhar from Sangna. On seeing the police officials, the accused tried to run away, but he was overpowered and apprehended. On being questioned, he disclosed his name to be Deep Ram (accused).

(3.) THE main grounds which weighed with the learned trial Court were that the independent witnesses did not support the prosecution story, there were variations in the statements of the prosecution witnesses and the link evidence was missing and, therefore, the benefit had to be given to the accused.