STATE OF HIMACHAL PRADESH Vs. RAM KALI

JUDGEMENT

(1.) The State of Himachal Pradesh is aggrieved by the findings of acquittal recorded in favour of the respondent/accused by the learned Special Judge (II), Mandi, District Mandi, H.P. Being aggrieved, it has sought the leave of this Court for instituting an appeal therefrom for assailing it.

(2.) Briefly stated the facts of the case are that on 13.12.2010 ASI Shyam Lal alongwith HC Dina Nath, C. Baldev Singh and LC Naina Devi was present at Shili Larji road and police had laid a naka there in the morning at about 9.00 a.m. The accused came at the spot from Larji side on foot who all of a sudden stopped after seeing the police. On suspicion the accused was apprehended. The police officials gave their personal search to the accused and memo was prepared to this effect. The consent as required under Sec. 50 of the NDPS Act of the accused was procured. The accused was searched and she was found wearing knee cap in her both knees. On opening the right knee cap, the cannabis wrapped in a plastic tape was found weighing 500 grams. On opening the left knee cap 250 grams of opium was found wrapped in a brown tape. The opium as well as cannabis were put in the same polythene which were taken into possession alongwith knee caps. Case property was sealed at the spot with seal impression "M". The sample seal was taken separately after use and it was handed over to HC Dina Nath. Other formalities were completed at the spot. Rukka was sent to the police station and FIR was registered.

(3.) On conclusion of the investigation into the offence allegedly committed by the accused, report under Sec. 173 of the Criminal Procedure was prepared and filed in the Court.