STATE OF H.P. Vs. PAPPU

JUDGEMENT

(1.) This appeal has been instituted at the instance of the State against the judgment dated 30.7.2015, rendered by the learned Special Judge, Shimla, H.P. in Sessions Trial No. 28 -S/7 of 2012, whereby the respondent -accused, who was charged with and tried for offence punishable under Ss. 20 of the Narcotic Drugs and Psychotropic Act, 1985 (hereinafter referred to as the "ND & PS Act"), has been acquitted.

(2.) The case of the prosecution, in a nut shell, is that on 16.5.2012, SI Rupinder Kumar along with other police officials left the Police Station, State CID Bharari for collecting information and patrolling towards Taradevi -Shoghi side. When the police party reached near Taradevi on NH -22, at about 1:45 (noon), three km. short from Shoghi towards Taradevi, they noticed a person sitting on the parapet. SI Rupinder Kumar inquired his name from him. The person got perplexed and tried to run away. Since no independent witnesses were available, hence the I.O. made efforts to associate independent witnesses by stopping the vehicles passing thereby. But, no one stopped their vehicles, the I.O. associated Const. Govind Singh and HHG Prem Singh. Thereafter, the personal search of the accused was undertaken. During the search, it was found that the accused had tied something on his legs with the help of cello tape. The tap was removed and two packets were found containing the balls and sticks shaped black substance. It was found to be charas. It weighed 800 grams. The I.O. filled in the NCB forms in triplicate and specimen seal impressions of seal "W" were taken on three pieces of cloth. The case property was taken into possession. The rukka was sent to the Police Station. The investigation was completed and challan was put up before the Court after completing all the codal formalities.

(3.) The prosecution has examined as many as 7 witnesses to prove its case. The accused was also examined under Sec. 313 Cr.P.C. He denied the prosecution case. The learned Trial Court acquitted the accused, as noticed hereinabove. Hence, the present appeal.