STATE OF HIMACHAL PRADESH Vs. KAMAL KISHORE

JUDGEMENT

(1.) This appeal has been instituted against Judgment dated 3.7.2015 rendered by learned Special Judge (II), Mandi, District Mandi, Himachal Pradesh in Session Trial No. 15/2011, whereby respondent -accused (hereinafter referred to as 'accused' for convenience sake), who was charged with and tried for offence under Sec. 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as 'Act' for convenience sake) has been acquitted. Case of the prosecution, in a nutshell, is that on 9.1.2010, ASI Chet Ram, C. Sanjeev Kumar, HHC Prabh Dayal, C. Vipin Kumar, C. Sanjeev Kumar and HHG Narender Kumar were present at Pulgharat where Naka was laid. At about 9.20 p.m., one Yog Raj, councilor of MC Mandi came there. All of a sudden, the accused came at the spot on foot. He tried to run away. He was nabbed. He was told at out his legal right to be searched before a gazetted officer or a Magistrate and consent was given by the accused to be searched by police officials. Police officials gave their personal search to the accused and thereafter personal search of the accused was conducted. In right front pocket of accused, there was polythene bag. In the polythene bag, there were grapes and Pappad shaped cannabis. This cannabis was weighed and it was found to be 190 grams. It was kept in same polythene envelope and sealed at the spot. Sample seal was taken separately. Seal, after use, was given to the independent witness Yog Raj. NCB form in triplicate was filled at the spot. Rukka was sent to the Police Station. FIR was registered. Investigation was completed and Challan was put up in the Court after completing all codal formalities.

(2.) Prosecution has examined as many as 10 witnesses to prove its case against the accused. Accused was also examined under Sec. 313, Cr.P.C. He pleaded innocence. Learned trial Court acquitted the accused. Hence, this appeal.

(3.) Mr. P.M. Negi, Deputy Advocate General has vehemently argued that the prosecution has proved its case against the accused.