STATE OF HIMACHAL PRADESH Vs. ANUJ THAKUR

JUDGEMENT

(1.) Accused was chargesheeted, tried and acquitted for the offence punishable under Section 17 of the Narcotic Drugs and Psychotropic Substances Act, 1985, in short 'the Act', for allegedly keeping in his possession 10.78 grams of smacks, hence the present appeal by the State.

(2.) Heard and gone through the record.

(3.) In the year 2004, PW14 Inspector Brijesh Sood, was posted as SHO in Police Station Sundernagar. As per prosecution story, on 17.2.2004, he was heading a police patrol party and was in the area of old bus stand Sundernagar. Around 11 45 a.m. PW14 aforesaid received a secret information that accused was dealing in narcotics and if apprehended, a good deal of contraband can be recovered from him. This information was jotted down by him in writing to satisfy the provision of sub-section (2) of Section 42 of the Act and sent through Constable Rakesh Kumar to Dy. S.P. Head Quarters, Mandi for information. Its copy is Ext. PW12/B. Thereafter he associated Vinod Kumar (PW1) and Man Singh (PW2) in the raiding party and proceeded towards the place of the accused but accused was found standing near the filling station at new bus stand. On seeing the police party, he got nervous. His identity was asked to which he disclosed. Thereafter the said police officer is stated to have given option to the accrued in writing Ext. PW12/A to be searched either before the Magistrate or Gazetted Officer. In turn, accused opted to be searched by the police present there. It was thereafter PW14 aforesaid during the personal search of the accused recovered the above contraband (Smack) in the presence of the witnesses. The said police officer separated two samples of two grams of each from the recovered stuff and separately sealed it with seal impression 'K'. The remaining bulk was also sealed with the same seal. Case property was taken into possession vide seizure memo Ext. PW2/C in the presence of witnesses. Police also prepared the site plan of the place of alleged incident Ext. PW14/B.