STATE OF HIMACHAL PRADESH Vs. BRIJESH TIWARI

JUDGEMENT

(1.) This appeal is instituted against the judgment dated 24.12.2007 rendered by the Special Judge (Additional Sessions Judge), Mandi in Sessions Trial No. 12 of 2007 whereby the respondent-accused (hereinafter referred to as the "accused" for convenience sake), who was charged with and tried for offence punishable under section 20 of the Narcotic Drugs and Psychotropic Substance Act, 1985 has been acquitted.

(2.) Case of the prosecution, in a nutshell, is that on 16.1.2007, police party headed by ASI Shiv Chand alongwith HHC Birbal Singh, Constable Pankaj Kumar, Constable Bhup Singh, HHG Yub Raj and HHG Chet Ram was present at Zero Chowk, Bali Chowki. At 11.30 A.M., the police party saw the accused coming on foot from Banjar side. Accused got frightened and returned back. He was intercepted. On inquiry by Shiv Chand, accused disclosed his name and address. Two local persons Pardeep Sharma and Sanjeev Kumar were associated by the police. Personal search of the accused was conducted. Bag Ex.P-2 was recovered from the possession of the accused. It was wrapped by the accused with his waist under his garments. It contained charas in the shape of marbles. It weighed 1 kg 250 grams. ASI Shiv Chand drew two samples of charas of 25 grams each out of the recovered charas. He sealed the samples in two separate parcels. The remaining charas was packed and sealed with seal having impression 'A'. NCB form was filled in. Rukka was sent through Constable Bhup Singh to Police Station, Aut in order to register the FIR against the accused. The sample was sent to C.F.S.L. Chandigarh. Police investigated the case and the challan was put up in the court after completing all the codal formalities.

(3.) Prosecution examined as many as ten witnesses in all to prove its case against the accused. Statement of accused under Section 313 Cr.P.C. was recorded. He denied the case of the prosecution in entirety. Learned trial Court acquitted the accused.