STATE OF HIMACHAL PRADESH Vs. DHARAM PAL @ RANA

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgment dated 25.5.2004, delivered by the learned Presiding Officer, Fast Track Court, Solan in case No. 33 FT/7 of 2004/2002, whereby the accused persons were acquitted of having committed an offence punishable under Section 18 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as 'the Act').

(2.) THE prosecution story, in brief, is that on 22.6.2002, PW12 SHO Chaman Lal, PW-13 ASI Harjeet Singh, PW-4 Constable Ashok Kumar, PW-3 Constable Jaswant Singh, Constable Madan Lal and Constable Avtar Singh were on patrolling duty at Bus-Stand, Baddi. PW-12 SHO Chaman Lal received secret information to the effect that the accused persons were indulging in the trade of contraband. PW-13 scribed the reasons-of-belief and sent the same to the Dy.S.P. A raiding party was formed and two independent witnesses, PW-1 Man Singh and PW-2 Naib Singh were associated with the raiding party. Thereafter, the raid was conducted in the dhaba of accused persons near S.K. Manganese Factory on Baddi-Nalagarh road. The accused persons were informed that the police officials intend to conduct search of their dhaba. Thereafter, the search was conducted and near the counter, a plastic jar was found, which contained a plastic bag containing the opium powder. The opium was weighed, which was found to be 330 grams. Two samples of 5 grams each were taken and sealed separately. The remaining 320 grams of opium was also sealed separately. One of the sample was sent for analysis to chemical analyst, who, on analysis, opined that the sample was of opium. On this basis, the accused persons were charged and challaned for the aforesaid offence.

(3.) ANOTHER ground to acquit the accused is that the prosecution has failed to prove that the substance in question was contraband, i.e. opium poppy within the meaning of Section 2 Clause (xv) of the Act. The report of the Chemical Examiner, Ex. PX, reads as follows: