STATE OF H P Vs. DILE RAM

JUDGEMENT

(1.) The State has come in appeal against the judgment dated 9.8.2010, rendered by the learned Special Judge, Mandi, H.P., in Sessions Trial No. 40/2007, whereby the respondent-accused (hereinafter referred to as the accused), who was charged with and tried for offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act), has been acquitted.

(2.) The case of the prosecution, in a nut shell, is that on 24.5.2007, Insp. Shamsher Singh, Insp. Balbir Singh, HC Desh Raj and others were present at Thalaut. At about 7:00 PM, Insp. Shamsher Singh received telephonic information that accused, owner of tea shop at Aut was indulging in trade of charas at his shop and that if raid was conducted immediately, charas in large quantity could be recovered. Insp. Shamsher Singh recorded the information and sent the same through Const. Sanjay Kumar to DSP Vigilance, Mandi. Rest of the police party came in their vehicle to Aut. They reached Aut at 7:17 PM. Devender Kumar and Bhushan Kumar were associated as independent witnesses. At about 7:30 PM, the party reached the shop of the accused. He was found all alone in his shop. His shop was searched. Behind the fridge, a plastic bag was found in which another plastic bag and inside that bag, charas in the form of sticks and discs was found. It weighed 1 kg. 500 grams. Two samples of 25 grams each were separated. The sample parcels and bulk parcel were sealed with seal "T" and taken into possession. One of the samples was sent for chemical analysis. It was found to be charas. The investigation was completed and the challan was put up before the Court after completing all the codal formalities.

(3.) The prosecution, in order to prove its case, has examined as many as ten witnesses. The accused was also examined under Section 313 Cr.P.C. According to him, he was falsely implicated. The learned trial Court acquitted the accused, as noticed hereinabove. Hence, this appeal.