STATE OF HIMACHAL PRADESH Vs. LAGAN DASS

JUDGEMENT

(1.) A request has been made to Ms. Suman Thakur, Advocate to assist this Court on behalf of the accused, who accordingly assists. 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 29.09, 2005, passed in Sessions trial No. 23 of 2004 by Sessions Judge, Una, Himachal Pradesh, acquitting the accused/respondent for the offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short NDPS Act).

(2.) THE prosecution case in brief is that on 22.12.2003 at about 4 a.m., when a policy party headed by Mr. Surinder Sharma, the then SHO, P.S. Una was present at the Old Bus Stand, Una in connection with patrolling and Nakabandi, accused/respondent was seen coming from the side of new Bus Stand, carrying a bag on his right shoulder. On seeing the police party, the accused/respondent got perplexed and started running to escape from the spot. However on suspicion, he was apprehended and his bag was searched, from which a polythene bag wrapped in a 'Chadar ' (cloth sheet) was taken out. On searching the polythene bag, Charas in the shape of small sticks was recovered and on weighing, the recovered Charas was found to be 5 Kgs. Two samples each weighing 20 Gms, were taken out. The samples and the bulk Charas were sealed with seal impression 'A '. NCB form Ex.PC was filled up and the samples were sent for chemical examination. On receipt of Chemical Examiner 'sreport and completion of investigation, Challan was filed in the Court and the accused -respondent was charged for the aforesaid offence.

(3.) LEARNED Sessions Judge, Una after analysis of the prosecution witnesses and material on record, has arrived at a finding that the prosecution has failed to prove its case beyond reasonable doubt.