STATE OF H P Vs. MAHENDER KUMAR

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgement dated 17th July, 2004 delivered by the learned Sessions Judge, Shimla in Sessions Trial No.13-S/7 of 2004 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 Act).

(2.) THE prosecution story, in brief, is that on 22nd December, 2003, PW-9 Vijay Kumar alongwith PW-10 H.C. Lal Singh and other police officials was present near the Gurdwara at the cart road Shimla. At about 6.45 p.m., PW-9 Vijay Kumar received secret information Whether reporters of Local Papers may be allowed to see the judgment? Yes that one person, namely, Mahender Kumar indulges in the sale of charas near Veterinary Hospital, Shimla. PW-9 was also informed that Mahender Kumar was seen at Dhalli and his description was also given. PW-9 thereafter recorded the reasons of belief (Ext.PA) and sent the same to the Additional Superintendent of Police, Shimla. He alongwith other police officials then proceeded towards the Veterinary Hospital, Shimla. He associated two independent witnesses PW-5 Rajinder Kumar alias Raju and PW-6 Rajinder Kumar alias Kali.

(3.) ON the same day i.e. 22.12.2003, PW-9 deposited the entire case property alongwith specimen seal impression with MHC Gopal Singh PW-2. He also filed an application under Section 52-A of the Act before the Judicial Magistrate, Court No.5 Shimla for obtaining a certificate with regard to the sealing and the certified copy of the order passed by the Judicial Magistrate is Ext.PN. One sample was sent for chemical analysis and the Chemical Examiner vide his report Ext.PO opined that the same was of charas. On this basis the accused was charged for having committed an offence as aforesaid. After trial, he has been acquitted. Hence, this appeal by the State.