STATE OF HIMACHAL PRADESH Vs. PAWAN KUMAR

JUDGEMENT

(1.) THE State has challenged the acquittal of the respondent, hereinafter referred to as the accused, for the offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, in short 'the Act', for allegedly keeping in possession 750 grams of Charas on 27.9.2006 at about 12.30 p.m. while travelling in bus bearing Registration No.HP-34-3184.

(2.) AS per the case of the prosecution on the arrival of the bus at 'Burah Mod', it was stopped at the Naka point. The bus crews were Sher Singh and Netar Singh. While checking, PW-8 ASI Shiv Chand found the accused sitting and holding an envelop of light-red colour in his lap, he got suspicious and asked about his identity, to which he disclosed but when checked envelop, it contained 750 grms of Charas.

(3.) POLICE also prepared the site plan Ex.PW-8/B of the alleged place of recovery. Accused was arrested. Grounds of arrest were informed to him. Thereafter the accused as well as the case property were produced before PW-5 Prittam Chand, SHO Police Station Aut, District Mandi.