STATE OF H.P. Vs. MOHAN SINGH

JUDGEMENT

(1.) This appeal is directed against the judgment rendered on 3.6.2015 by the learned Special Judge (II), Mandi, District Mandi, H.P., in Sessions trial No. 58/2014/2013, 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 14.4.2013, SI Naveen Jhalta alongwith PSI Nirmal, HC Deep Chand, C Ajay Kumar and HHC Chet Ram driver was on patrolling duty at Lehgala. At about 11.50 a.m. the accused on seeing the police party started running fast. The accused was apprehended by the police on suspicion and he was asked about the rucksack carried by him on his left shoulder. The consent of the accused was taken and his rucksack was searched. Inside the rucksack there was white coloured gunny bag and inside that gunny bag there was round type cannabis. The cannabis on weighing was found to be 1 Kg. 300 grams. Thereafter the cannabis was put in the gunny bag and it was further put in the same rucksack which was sealed at the spot with seal impression A at 9 places. NCB form in triplicate was filled. The cannabis was taken into possession by the police. 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.