STATE OF H.P. Vs. DALIP KUMAR

JUDGEMENT

(1.) This appeal is directed against the judgment rendered on 6.6.2015 by the learned Special Judge (II), Mandi, District Mandi, H.P., in Sessions trial No. 6 of 2014, whereby the latter Court acquitted the accused/respondent herein (hereinafter referred to as "accused") for his having committed an offence punishable under Sec. 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "the Act").

(2.) The brief facts of the case are that on 6.1.2014, HC Chint Ram, HC Dharmender Kumar, HC Ram Lal, C Devender Kumar and LC Rekha Devi had laid a Nakka at place Nagchala. A HRTC Bus bearing registration No. HP -65 -3458 came there from Manali Side. The bus was stopped and checked. While checking the bus the accused was found occupying seat No. 43 carrying a bag placed between his legs. The bag was checked by the police in presence of Naresh Kumar and Kuldeep Kumar, the driver and conductor of the bus respectively. Inside the bag there was a newspaper containing stick type cannabis which was wrapped with a green and blue in coloured polythene. Some of the sticks were not wrapped. The cannabis was weighed at the spot and its weight was found 1 Kg 400 grams. The case property was put in the same bag and it was sealed at the spot. The seal after use was given to the witness Kuldeep Kumar. NCB form in triplicate was filled. After completion of the investigation, challan, under Sec. 173 of the Cr.P.C. was prepared and filed in the Court.

(3.) The trial Court charged the accused for his having committed an offence punishable under Sec. 20 of the Act to which he pleaded not guilty and claimed trial.