STATE OF HIMACHAL PRADESH Vs. SUSHIL KUMAR

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 27.2.2007 passed by learned Additional Sessions Judge, Fast Track Court, Una, in Sessions Case No. 1/06, whereby accused Sushil Kumar, who was charged with and tried for offence punishable under Section 18 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the "Act" for the sake convenience), was acquitted.

(2.) CASE of the prosecution, in a nutshell, is that on 23.4.2006, during day time, PW11 Harbans Lal, ASI/I.O. Police Station Una, was present at Hospital Chowk along with other police officials. He received an information from PW1 LHC Sandeep Kumar that accused was selling opium to the customers near shops at Ajnoli in front of Railway crossing. On this information, PW11 ASI Harbans Lal formed a raiding party and visited the spot. The accused was informed of his right to be searched either before Magistrate or the Gazetted Officer or the police. After obtaining consent of the accused, his search was conducted by the police officials in the presence of the witnesses. On search of the accused, one plastic envelope containing 500 grams opium was recovered from the right pocket of his trousers. Currency notes of Rs. 700/ - were also recovered from the accused. The opium and currency notes were taken into possession. Two samples of 20 grams each were taken out of the opium recovered. Samples and bulk were sealed separately. The investigation was completed and the challan was put up in the court after completing all the codal formalities.

(3.) MR . Parmod Thakur, learned Addl. Advocate General, has vehemently argued that the prosecution has proved its case against the accused.