STATE OF HIMACHAL PRADESH Vs. PARKASH CHAND SON OF SHRI SORMA RAM, CASTE GADDI, RESIDENT OF VILLAGE CHANANI, TEHSIL JAWALI, DISTRICT KANGRA (H.P.)

JUDGEMENT

(1.) THE present appeal by the State has been directed against the acquittal of the respondent passed by the learned Trial Court on 04.07.2007 in Sessions Trial No.1 of 2007, for the offence punishable under Section 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (in short the Act) allegedly for keeping in possession 200 grams of "Charas". We have heard the learned counsel for the parties and have carefully gone through the record.

(2.) IN short, the case of the prosecution, is that on 27.09.2006, a police party headed by S.I. Mohinder Singh (PW6), had prior secret information that the accused was dealing in narcotics. On this information, he constituted a raiding party by joining Sh. Babu Ram (PW1) and Sh. Pritam Chand (PW4) local shopkeepers as independent witnesses. On the way, they came across the accused and he was stopped. Accused was informed by S.I. Mohinder Singh (PW6) that the police party entertained suspicion on him that he is possessed of some narcotic. As such, to satisfy the provision of Section 50 of the Act, PW.6 aforesaid gave option to him to be searched either by Magistrate or by a Gazetted Officer being his legal right in writing Ex. PW.1/A. The accused exercised the option and consented to be searched by the police party. The consent Memo Ex. PW1/B was signed by the accused. Thereafter, police party rendered themselves to be searched by the accused but nothing incriminating was found, as such, a Memo Ex. PW1/C was executed in the presence of the witnesses.

(3.) THE accused was apprised of his arrest in writing and grounds of arrest Ex. PW1/G were informed to him. NCB forms in triplicate were also filled in on the spot. Out of which one is Ex. PW2/B. The facsimile of the seal used on the spot was also taken in the relevant column. "Ruqa" was sent for registration of the case which culminated into the present FIR.