STATE OF HIMACHAL PRADESH Vs. MANOJ KUMAR

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgement dated 1.11.2002 passed by the learned Additional Sessions Judge, Solan in Sessions trial No. 26-S/7 of 2001 whereby he acquitted the accused of 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.) BRIEFLY stated the prosecution case is that on 4.5.2001 PW-12 Brij Mohan Sharma, Additional SHO Police Station Parwanoo had laid a Naka at Sector 6, Parwanoo. PW-6 Constable Madan Lal and PW-4 Lachhman Kumar were with him. At about 11.50 a.m a bus belonging to Punjab Roadways Transport Corporation bearing registration No. PB-11N-3818 came from Shimla side and the same was stopped. PW-12 Brij Mohan alongwith PW-6 Madan Lal entered the bus from the front door of the bus whereas PW-4 Lachhman Kumar entered the bus from the rear door. The accused Manoj Kumar was found sitting on seat No.19 and had a sweater spread across his knees. PW-12 Brij Mohan checked the sweater and inside the sweater found a polythene bag hidden in the arm of the sweater. Inside the polythene bag there was charas. Thereafter PW-6 Madan Lal was asked to bring a balance (Taraju) and the weights. On weighment the charas was found to weigh 850 grams. Two samples of 25 grams each were drawn and taken for analysis. Thereafter, these two samples and the remaining bulk charas were sealed in three separate parcels with seal having seal impression `P'. The case property was taken into possession vide seizure memo Ext.PW-1/A.

(3.) AS far as respondent No.2 Shashi Kumar is concerned, there is no evidence worth the name against him. The only allegation is that he had purchased the tickets for Manoj Kumar also. Even if this fact is accepted to be correct this does not mean that Shashi Kumar knew that Manoj Kumar was carrying some contraband with him. No doubt PW-12 has tried to improve the case by stating that during investigation it was found that both the accused had together purchased the charas from one Shyam Singh at Theog but other than his bald statement and the unreliable testimony of PW-9 there is no evidence worth the name in this regard.