STATE OF HIMACHAL PRADESH Vs. SH. SATYA PAL

JUDGEMENT

(1.) THE present criminal appeal has come up for consideration after the leave to appeal has been granted under Section 378(3) of the Code of Criminal Procedure against the judgment dated 25.6.2003 passed in Sessions Trial No. 1 -S/7 of 2002 by learned Additional Sessions Judge, Solan, acquitting the accused/respondent for the offence under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short NDPS Act), in reference to FIR No. 97 of 2001. The prosecution case in brief is that, on 20.10.2001 at about 8.55 P.M. near Chail Chowk, Kandaghat, the accused were traveling in HRTC Bus No. HP -10 -384 a Rohru Delhi bound bus was nabbed and on search of his bag, 2 KG 100 grams of charas was recovered from his possession. Two samples were taken out and after putting the seal, the same was sent for chemical analysis. On completion of investigation, the accused/respondent was changed for the aforesaid offence.

(2.) IN order to prove its case, prosecution examined as many as 12 prosecution witnesses. Accused was also examined under Section 313 of the Code of Criminal Procedure, wherein he denied the prosecution case.

(3.) INTER alia on many other grounds relied upon by the learned Additional Sessions Judge, one important aspect to be considered by this Court is that in similar facts and circumstances vide judgment dated 19th September, 2011, in Cr. Appeal No. 391 of 2002 State of H.P. Vs. Subhash Sharma @ Bhasi, this Court has taken a view that the contraband good recovered cannot be said to be charas. The relevant extract of paragraph 15 is extracted herein below: