STATE OF H.P. Vs. SOBHA RAM

JUDGEMENT

(1.) State of Himachal Pradesh has assailed the judgment dated June 18, 1992 passed by the learned Additional Sessions Judge, Kullu whereby the Respondent-accused stood acquitted in the commission of the offence under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter shortly referred to as the Act).

(2.) Shortly stated, the facts are that on 24-10-1991 the police party headed by A.S.I. Parkash Chand (PW 5) was on patrol duty. At about 5 p.m. they saw the accused coming towards them, who on seeing the police party, tried to run away towards bus stand, Bhuntar whereupon the police party feeling suspicious of some commission of the offence under the Act, apprehended him. The case of the prosecution is that the accused was then apprised of the grounds of arrest and also asked as to whether he wanted his search to be conducted by them or before the gazetted officer, through writings Ex. PF. Further, case is that on refusal of the Respondent to get himself searched by the police, he was being taken to Kullu, on the way S.D.M. Shri Brijinder Kumar (PW 8) met them. Accordingly, a request was made to him and the Respondent was searched in his presence. On search a bag was found containing a sweater Ex. P-5 and charas Ex. P-1 and P-2 weighing 1.500 Kg. Sample to the extent of 25 grams of charas thereafter was taken for analysis and both the samples as also remaining bulk was sealed with seal impression 'P' The sample was sent to chemical examination and vide report Ex. PJ, it was found to be that of charas. Thus on completion of the challan, the Respondent stood prosecuted by the police.

(3.) The Respondent pleaded not guilty and claimed to be tried. In his statement under Section 313 of Code Criminal Procedure, he raised a defence of denial simplicitor.