STATE OF H P Vs. AMAN DHAMA

JUDGEMENT

(1.) The instant appeal is directed by the State of Himachal Pradesh against the impugned judgment rendered on 08.05.2015 by the learned Special Judge-II (Additional Sessions Judge), Kullu Himachal Pradesh, in Sessions trial No. 38 of 2014 (2012), whereby the learned trial Court acquitted the respondent (for short 'accused') for the offences charged.

(2.) The brief facts of the case are that on 13.4.2012 around 12.25 p.m when a police party headed by the then Sub Inspector Megh Singh, In-charge Police Post Manikaran and consisting of HHC Ved Ram, Constable Nitin Thakur was on patrolling duty at Kasol bridge and were present near Challal village path, accused coming from Chhalal village was noticed by the police party, when the accused was crossing the bridge at that time accused was carrying one rucksack on his left shoulder and behind the accused another person with empty hands was also coming. The accused on seeing the police party got perplexed and was nabbed by the police party and on asking the accused disclosed his name Aman Dhama whereas the person behind the accused had disclosed his name Nishant, who was friend of the accused. On having suspicion that accused might had been carrying some contraband with him PW-8 the then Sub Inspector Megh Singh had given option to accused if he wanted to give search of his rucksack to the police party or before the Gazetted Officer but the accused had consented to be searched by the police party regarding which memo was prepared and thereafter he and other police officials had given their personal search to the accused but nothing incriminating was found in possession of the police officials.

(3.) Charges stood put to the accused by the learned trial Court for his committing offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, to which he pleaded not guilty and claimed trial.