STATE OF HIMACHAL PRADESH Vs. SHER SINGH

JUDGEMENT

(1.) State has appealed against the judgment dated 20.11.2007 of the learned Additional Sessions Judge, Fast Track Court, Kangra at Dharamshala, Himachal Pradesh, passed in Sessions Case No.22- D/VII/2007, titled as State of Himachal Pradesh v. Sher Singh, challenging the acquittal of respondent Sher Singh (hereinafter referred to as the accused), who stands charged for having committed an offence punishable under the provisions of Section 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as the Act).

(2.) It is the case of prosecution that on 19.6.2007, a police party, headed by ASI Geeta Parkash (PW-12), comprising of Constables Jai Singh (PW-3) and Ramesh Kumar (PW-5) and other police officials, was on traffic checking duty towards Chamunda Tang. At 4 p.m., accused, who was carrying a bag, seeing the police party, got perplexed and tried to flee away. He hid himself in the bushes. On suspicion, he was apprehended and in the presence of independent witnesses Ashwani Kumar (PW-1) and Surinder (PW-2), was searched. From the bag carried by the accused, Charas was recovered, which on weighment was found to be 3.750 kgs. Scales were brought from the shop of Anil Kumar (PW-4). Two samples, each weighing 25 grams, were drawn. Samples and the bulk parcel were sealed with seal of seal impression 'K'. Ruka (Ex. PW- 6/A) was sent to Police Station, Dharamshala, on the basis of which FIR No.122/07, dated 19.6.2007 (Ex. PW- 6/B), under the provisions of Section 20-61-85 of the Act was registered. With the completion of proceedings on the spot, accused was arrested.

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