STATE OF H P Vs. DHARAM CHAND

JUDGEMENT

(1.) The instant appeal stands directed by the State of H.P. against the judgment of the learned Special Judge, Fast Track Court, Kullu, Himachal Pradesh, rendered on 22.01.2009 in Sessions Trial No.49 of 2007, whereby, the latter Court acquitted the accused/respondent of an offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the "NDPS Act").

(2.) The facts relevant to decide the instant case are that on 2.4.2007, HC Roshan Lal along with C. Chand Mishra, C. Tarsem Lal and C. Pritam Singh had proceeded towards Ramshila from Police Station on patrol duty. At about 4.15 p.m., patrol party was present near Gammon bridge. A secret information was revived by HC Roshan Lal to the effect that one person wearing blue coloured sweater and having thin beard has been coming on foot towards Ramshila and that said person had been carrying charas. This information was reduced into writing and necessary intimation was given to the Superior Officer under Section 42(2) of the NDPS Act. One Guru Dutt was associated as witness in the patrol party. Thereafter, they went towards Bhekhali road. One person was found coming from opposite direction. He was stopped and inquired. He disclosed his name as Dharam Chand. After complying with the provisions of Section 50 of the NDPS Act, the police conducted his personal search. On his personal search being conducted by the Investigating Officer, he was found in possession of charas weighing 1Kg and 10 grams. Thereafter, other codal formalities were completed and the accused was arrested. Report of the FSL was procured. Statements of the witnesses were recorded.

(3.) On conclusion of investigations, into the offence, allegedly committed by the accused, a report under Section 173 of the Code of Criminal Procedure was prepared and filed in the Court.