STATE OF HIMACHAL PRADESH Vs. ASHOK KUMAR

JUDGEMENT

(1.) HEARD and gone through the record. Acquittal of the respondent (hereinafter referred to as 'the accused), passed in Sessions Case No. 16 of 2006 decided on 23.11.2007, has been challenged by the State in the instant appeal, for the offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, in short 'the Act', for allegedly keeping in his possession 105 grams of charas.

(2.) SHORN of unnecessary details, the case of the prosecution, as spelt out from the prosecution evidence, can be stated thus. On 23.5.2005 PW13 ASI Harbans Lal was present at bus stand Una, along with other police officials. In the meantime, PW1 Constable Jaswinder Singh who was deputed to collect secret information qua violation of excise and narcotics, came and informed him that accused has been dealing in narcotics in his shop situated at old bus stand, Una. On receiving this information, he jotted down the information in writing Ext. PW4/A to comply with the provisions of Section 42 of the Act and handed over the same to PW4 HHC Sher Bahadur to deliver it to the Superintendent of Police, Una, which was received by him at his residence at 0.35 hours on the same day.

(3.) THE police party proceeded towards the shop of the accused and on the way included two independent witnesses, namely, PW2 Vijay Kumar and PW3 Ashok and formed raiding a party.