STATE OF HIMACHAL PRADESH Vs. BACHAN SINGH

JUDGEMENT

(1.) THIS is an appeal filed by State of Himachal Pradesh under Section 378 of the Cr.P.C. against the judgment, dated 1.11.2003, passed by learned Sessions Judge, Kullu, H.P., vide which the respondent was acquitted of the charge framed against him under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, (hereinafter referred to as the Act). Briefly stated, the facts of the case are that PW -6 HC Gurdial Singh alongwith other police officials was on patrolling duty from Manali to Fifteen Miles towards Batahar Bihal. At 3.30 p.m., one unknown person was spotted, who, on seeing the police party, got perplexed and was apprehended on suspicion. He disclosed his name as Bachan Singh, who was carrying a pithu bag. He was given an option whether he wanted to be searched either before a Magistrate or a Gazetted Officer vide memo. On search of the pithu bag, 1.700 kg charas wrapped in a polythene paper was recovered and two samples of 25 grams each were taken as per procedure, which were sent to the expert and on receipt of the report of the chemical examiner, the challan was filed before the learned trial Court, who tried the respondent under Section 20 of the Act leading to his acquittal.

(2.) WE have heard Mr.Rajesh Mandhotra, learned Deputy Advocate General for the appellant and Mr.Chaman Negi, learned counsel for the respondent and have gone through the record of the case.

(3.) COMING to the statement of PW -8 Hari Singh, Head Constable, he has stated that the accused was searched after giving an option to him under Section 50 of the Act. In regard to non compliance of the provisions of Section 100(4) Cr.P.C., he simply stated that the place was isolated and, therefore, no independent witness was available and was associated in the proceeding of the case. In cross examination, he admitted that near the bridge, there is a rain shelter and bus stoppage. He also admitted that at a distance of about 100 meter, there are two shops. The accused was spotted at a distance of about 100 meters from Fifteen Miles Bridge on the right side of the road. He stated that he had not noticed any passer -by on the road since he was busy in the proceedings of the case.