STATE OF HIMACHAL PRADESH Vs. SATNAM SINGH @ SATTA

JUDGEMENT

(1.) By way of present appeal, State has challenged the judgment passed by the Court of Special Judge, Una, in Sessions Case No. 7 -VII/2011/Sessions Trial No. 10/2011, dated 26.12.2011, vide which, learned trial Court has acquitted the accused for commission of offence under Section 15 of the Narcotic Drugs & Psychotropic Substances Act, 1985, hereinafter referred to as the NDPS Act.

(2.) The case of the prosecution was that in the afternoon of 29.09.2010, a police party headed by S.I./S.H.O. Shakti Singh Pathania of Police Station, Haroli, was on routine patrol duty in the official vehicle bearing registration No. HP -20C -0507, which was being driven by driver/constable Vikas Kumar. The other members of the police party were ASI Prem Lal, HC Harish Chander, HC Subhash Chand, HC Kewal Krishan, HHC Ashwnai Kumar, C. Gurmail Singh, L.C. Chanchla Devi, HHC Sat Pal, HHG Rachpal, HHG Dilbag Singh, HHC Ranbir Singh and HHG Jeewan. At around 12.55 noon, when the said police party was present at Chandpur Chowk, HC Sanjay Kumar of Special Investigating Unit, Una, met SHO and HC Sanjay Kumar made a statement under Section 154 Cr.P.C. (Ext. PW4/A) before the SI/SHO Shakti Singh to the effect that he was posted as an Investigating Officer in Special Investigating Unit, Una and on 29.09.2010, he was on routine patrol and detection duty on his official motorcycle in the area. At around 12.45 noon, when he was present in Kungrat Bazar, he received secret information to the effect that accused Satnam Singh deals in the sale of poppy straw/husk in an illegal manner in his house in village Heeran Thara. If the said dwelling house of the accused is raided and searched, then poppy straw/husk can be recovered in huge quantity. The said information was reliable and authentic and needful be done.

(3.) Endorsement was made on the said statement Sanjay Kumar by the SHO and the same was forwarded through C. Gurmail Singh to the Police Station for registration of the FIR. On the said basis, FIR No. 298/2010 (Ext. PW6/A) was lodged in Police Station, Haroli and endorsement to this effect was made on the Ruqua vide Ext. PW6/B. Reasons of belief were also prepared by the SHO as per the provisions of Section 42 of the NDPS Act vide Ext. PW5/A and was sent through HC Subhash Chand to the Superintendent of Police, Una, for his information.