STATE OF H.P Vs. DHARAM CHAND

JUDGEMENT

(1.) Heard. This application has been fled on behalf of the petitioner -State for condonation of delay of 10 days as has occurred in the institution of the appeal before this Court against the impugned judgment rendered on 02.06.2015 the learned Special Judge (II), Mandi, District Mandi, H.P. in Session Trial No. 4/2013. Good, sufficient and abundant cause, which deterred or precluded the petitioner to move this Court within time, stands detailed in paragraphs No. 2 and 3 of the application, whose contents stand duly supported by an affidavit. The said ground does not divulge of there being any element of deliberateness on the part of the petitioner to not move this Court within time. Accordingly, delay in the institution of the appeal before this Court stands condoned and the application stands allowed.

(2.) The State of Himachal Pradesh stands aggrieved by the findings of acquittal recorded in favour of the respondent/accused by the learned Special Judge, (II), Mandi, Himachal Pradesh. Being aggrieved, it has sought the leave of this Court for instituting an appeal therefrom for assailing it.

(3.) Brief facts of the case are that on 1.1.2014, HC Jagdish, HC Hari Singh, HHC Suresh Kumar, HHC Sanjay Kumar, C. Vijay Kumar and C. Kamal Kishore were on patrolling duty who were going from Pandoh Dam to Deod side on foot. At about 4.30 p.m., when they reached near Pandoh Dam towards Kenchimore, the accused came from Kullu side having bag on his left shoulder. The accused stopped after seeing the police and started moving back swiftly. On suspicion, the accused was apprehended. No independent witnesses were there and therefore the bag of the accused was searched in front of police officials. On search 3 kgs. And 800 grams of cannabis was recovered from the bag. The bag itself was sealed at the spot and case property was taken into possession. The NCB form -1 in triplicate was filled at the spot. Rukka was sent to the police station and FIR was registered. Other formalities were completed during investigation as required under the Narcotic Drugs and Psychotropic Substances Act (hereinafter to be referred as ND & PS Act for short).