STATE OF H.P. Vs. PRADEEP KUMAR

JUDGEMENT

(1.) THIS appeal is directed against the judgment of acquittal rendered on 24.5.2008 by the learned Special Judge, Shimla, H.P. in Sessions trial No. 2 -S/7 of 2008, whereby he acquitted the accused/respondent herein for his having committed an offence punishable under Section 20 of the NDPS Act.

(2.) BRIEF facts of the case are that on 19.11.2007, at about 12.30 P.M., PW -14 HC Ashwani Kumar along with HC Yashwant Singh, PW -12 HC Kundan Singh No. 190 and PW -6 Constable Mohinder in consequence of Rapat No. 5 Ext. PW. 3/A proceeded towards local Bus Stand, Shimla for patrolling and detection of crimes. At about 2.30 P.M. on the relevant day, they received a secret information that one person wearing blue jean pant and gray jacket carrying a bag, was having Charas and if searched, the Charas could be recovered. In the meantime the accused resembling the description in the secret information appeared, who was stopped by PW -14. The name and address of the accused was asked, upon which he disclosed his name and address. PW -14 apprised the accused of his legal right of being searched either before the Magistrate or the Gazetted Officer, upon which he vide option and consent memo Ext. PW. 1/A, declined the said offer and opted to get himself searched through the police present on the spot. Vide Memo Ext. PW. 1/B, the aforesaid police officials and witnesses gave search, but nothing incriminating was found. Thereafter, PW -14 carried out the search of rucksack being carried by the accused and on the said search, Charas wrapped in one plastic belt which was kept in another blue and red colored bag was recovered, which was weighed and found 1.8 Kg. PW -14 out of the so recovered Charas took out two samples of 50 grams each and packed and sealed into two separate parcels and marked those as S -1 and S -2 and sealed with seal having impression 'R'. The seal after use was handed over to PW -1. PW -14 filled in the NCB forms in triplicate. The recovered Charas was taken into possession, vide memo Ext. PW. 1/A. PW -14 prepared Ruka and sent the same through PW -12 to the Police station for registration of the case and on the basis of vehicle FIR Ext. PW -5/B came to be registered in Police Station, Sadar, Shimla. Site plan Ext. PW. 13/A was prepared. The sample of the Charas was sent to SFSL, Junga for chemical examination. The report of the SFSL, Junga is Ext. P.Z., according to which the samples were found to be of Charas.

(3.) THE accused/respondent herein was charged by the learned trial Court for his having committed an offence punishable under Section 20 of the NDPS Act, to which he pleaded not guilty and claimed trial.