STATE OF HIMACHAL PRADESH Vs. TULE RAM

JUDGEMENT

(1.) IN the instant case, we find there is infraction of mandatory provisions of Section 50 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as NDPS Act), inasmuch as respondent was not informed of his statutory right prior to the conducting of search and seizure operations, for it is a case of personal search. Undisputedly 600 grams of contraband substance i.e. charas were recovered from the muffler tied alongwith his waist, i.e. person of the accused. It is not a case of chance recovery either. Also relevant police officer has not stepped into the witness box to prove the prosecution case.

(2.) ASSAILING the judgment dated 17.12.2007, passed by Special Judge, Mandi, H.P., in Sessions Trial No. 16 of 2005, titled as State of Himachal Pradesh Versus Sh. Tule Ram, State has filed the present appeal under the provisions of Section 378 of the Code of Criminal Procedure, 1973.

(3.) THE accused was charged for having committed an offence punishable under the provisions of Section 20 of the NDPS Act, to which he did not plead guilty and claimed trial.