STATE OF HIMACHAL PRADESH Vs. PARAMJEET SINGH

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgement dated 16.4.2004 passed by the learned Sessions Judge, Kangra at Dharamshala, in Sessions Case No. 41- N/VII/2002 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.) THE prosecution story in brief is that PW-8, SI Karam Chand, who at the relevant time was posted at Nurpur went on patrolling duty on 15.2.2002 alongwith PW-7 ASI Krishan Gopal, PW-6 Constable Daljeet Singh, H.C. Amreek Singh and LHC Parminder Singh. THEy travelled in an official vehicle, which was being driven by Constable Balam Singh. THEy laid a Nakka at Khushi Nagar, which is close to Nurpur. Next morning on 16.2.2002 at about 5.30 a.m they saw one person coming from Nagni side. On seeing the police party this person tried to run away towards Gahi-Lagod side. This aroused the suspicion of the police officials who apprehended the said person. On asking, the person disclosed his name to be Paramjeet Singh (the accused). THE accused had wrapped a blanket around him. When the blanket was lifted it was found that the accused was carrying one polythene bag. THE police officials suspected that this polythene bag may be containing some contraband and an option vide memo Ext.PW-7/A was given to the accused whether he wanted to be searched before a Gazetted Officer or a Magistrate or by the Police Officials. THE accused consented to be searched by the Police Officials. THEreafter, the accused was searched and when the polythene bag was checked it was found containing another polythene bag in which there was charas. THEreafter, PW-6 constable Daljeet Singh was sent to get weights and scales from a nearby shop. On weighment the charas was found to weigh 500 grams. Two samples of 25 grams each were drawn and thereafter the two samples and the remaining bulk charas were sealed in three separate packets bearing seal impression "K". THE seal after use was handed over to PW-7 Krishan Gopal. THE case property was taken into possession vide seizure memo Ext.PW-7/B. Rukka Ext.PW-8/A was sent to the police station through PW-6 Daljeet Singh for registration of the case. THEreafter, F.I.R. Ext.PW-2/A was registered on the basis of this Rukka. Other codal formalities were completed at the spot. THE accused was arrested. On the same day the case property was handed over to SI Harbhajan Singh (since deceased). THE case property was thereafter deposited with PW-2 constable Kuldeep Singh who in turn sent one sample through PW-1 Mohinder to the CTL Kandaghat and thereafter the Chemical Examiner opined that the sample was of charas and on this basis the accused was charged of having committed the offence aforesaid. THE accused has been acquitted hence this appeal by the State.

(3.) ACCORDING to the Investigating Officer, the accused had wrapped a blanket around himself. It was only after the blanket was removed that they found that the accused was carrying plastic bag in his hand. We are of the opinion that in such an eventuality this would amount to personal search and Section 50 of the Act would be attracted.