STATE OF H.P. Vs. KEHAR SINGH

JUDGEMENT

(1.) THE present appeal is instituted against the judgment dated 26.6.2002 rendered by learned Additional Sessions Judge, Solan, in Sessions Trial No. 16 -S/7 of 2001 whereby the accused/respondent (hereafter referred to as the "accused" for the sake of convenience), who was charged with and tried for an offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the "Act" for the sake of convenience), was acquitted.

(2.) THE case of the prosecution, in a nutshell, is that on 19.2.2001 PW10 ASI Sukhdarshan, Constable Kishore Chand and PW2 Phool Singh were on patrolling duty at Baddi Chowk, Tehsil Nalagarh, District Solan, H.P.. They were checking the vehicles. At about 2.00 A.M., a bus bearing registration No. HP -01 -1662 came from Manali. It was going to Delhi. The passengers travelling in the bus were checked. The accused was sitting on seat No. 28. He disclosed his name to be Kehar Singh. A bag was found in his possession. The bag was checked in the presence of witnesses PW1 Devi Singh and PW5 Balbir Singh, driver and conductor of the bus. It was found containing charas. Constable Krishan Kumar was sent to bring weights and scale. The charas weighed one kg. Two samples of five grams of charas each were drawn. The samples were put in the match boxes and sealed in separate parcels with seal impression "I". Remaining charas was sealed in a separate parcel with seal impression "I". Seal impression was separately taken on a piece of cloth vide memo, Ext. PW1/A. Sample of the charas along with NCB forms was sent to CFL Kandaghat for chemical analysis. Special report, Ext. PW6/B was sent to the S.P. Solan. The investigation was completed and the challan was put up in the trial court after completing all the codal formalities.

(3.) MR . P.M. Negi, learned Deputy Advocate General, has vehemently argued that the prosecution has proved its case against the accused.