STATE OF H.P. Vs. BHIKHO RAM

JUDGEMENT

(1.) The present respondent was prosecuted under section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter to be called as the Act) and after trial had been acquitted vide judgment dated 22 -5 -1987 passed by Sessions Judge, Kangra, camp at Chamba.

(2.) The prosecution case, as put up against the respondent, has been that on 23rd November, 1986 police party headed by ASI Lekh Ram was present on the main vehicular road adjoining Gaila Nullah located ahead of Village Sarol and had put in Nakabandi in that area as a general routine. At about 3.30 a. m. the accused/respondent on suspicion was apprehended, who was coming from the side of village Kudku along with a bag (Ex> P -3) containing cardboard canon (Ex, PI) meant for package of Battery Cell and therein he was allegedly found carrying 500 gms. of Charas in the form of sticks wrapped in a polythene paper, The aforesaid Charas was recovered on effecting personal search of the accused and out of the bulk, 10 gms. of Charas was taken as a representative sample which was put in an empty match -box The sample and the remaining charas were sealed in two separate packets and then put into cloth parcels and were sealed with seal K. The seal after being used was handled over to constable Prithi Chand (PW 1). The arrest, search and seizure memos of the charas were allegedly prepared through ASI Lekh Ram (PW 1). This PW 2 immediately sent a Ruqua (Ex. PC) to the police station, Chamba, on the basis of which a formal F L R. (Ex. PC/1) was registered. ASI Lekh Ram (PW 1) prepared the site plan and on arrival at police station at 9 a. m deposited the two sealed parcels with Moharrar Head Constable Hari Nath The sample was sent to the Chemical Examiner, Karnal, who vide his report (Ex. PE) opined the contents to be that of Charas. On completion of the investigation, the accused was prosecuted, as referred to above. The aforesaid acquittal order has been assailed on behalf of the State on various grounds

(3.) We have heard the learned Counsel for the parties and have also minutely scrutinised the entire record