STATE OF HIMACHAL PRADESH Vs. SATISH KUMAR

JUDGEMENT

(1.) Respondent had faced trial under Sec. 21 of Narcotic Drugs and Psychotropic Substances Act, 1985, in case F.I.R. No.177/2017, dtd. 26/7/2017, registered at Police Station Sadar Hamirpur, District Hamirpur (H.P.).

(2.) Learned trial Court, vide judgment/order dtd. 10/3/2021, ordered the acquittal of the respondent of the charge framed against him. Hence, the present appeal by the appellant-State.

(3.) Prosecution story, in brief, was that on 26/7/2017, Police Party was present at place Jhandi, in connection with patrol duty. At about 02.00 a.m., a motorcycle driven by PW-6 Navjot Kumar, came from Patta side. The said person was stopped for checking by H.C. Vinod Kumar (PW -9). While H.C. Vinod Kumar (PW-9) was checking the documents of the motorcycle, a person came from Bhota Petrol Pump side. On inquiry by H.C. Vinod Kumar, the said person disclosed that he had got late as he had gone to visit his relatives. The said person disclosed his name as Satish Kumar. On suspicion, the respondent (Satish Kumar) was informed that he was required to be searched. Respondent Satish Kumar, vide memo Ext.PW-6/B, gave his consent for his search before H.C. Vinod Kumar. A Poly Packet containing smack from the left pocket of his pant alongwith one small electronic weighing scale, were recovered from the respondent. On weighment, the smack came to 12.65 grams.