STATE OF HIMACHAL PRADESH Vs. RAMESH ALIAS BHUTTA

JUDGEMENT

(1.) This appeal is instituted at the instance of the State against the judgment dated 30.10.2009, rendered by the learned Special Judge (FTC), Chamba, H.P., in Sessions trial No. 24/09, whereby the respondent accused (hereinafter referred to as the accused), who was charged with and tried for offence punishable under Sec. 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the ND & PS Act), has been acquitted.

(2.) The case of the prosecution, in a nut shell, is that the police party headed by HC Kartar Singh was present at Lahru Forest Check Post in connection with patrolling duty on 16.4.2009. Independent witnesses Moji Ram and Jaram Singh were also with the police party. At about 9:20 AM, the accused was noticed coming from Nala side. He was carrying a bag on his right shoulder. On seeing the police party, he tried to run away. He was apprehended. He was told that the police party wanted to take his personal search as well as the search of the bag carried by him. He was informed of his right to be searched before a Magistrate or a Gazetted Officer. The accused consented to be searched by the police party. Memo to this effect was prepared. The bag was searched. It contained a polythene bag of yellow colour having charas in it in the shape of sticks and balls. Accused could not produce the licence or permit for carrying it. The charas weighed 3 kg. 500 grams. Out of the recovered charas 2 samples of 25 gram each were drawn which were separately parceled and sealed with seal "K ". The balance charas was also parceled and sealed with seal impression "K ". Rukka was scribed and sent to the Police Station, on the basis of which, FIR No. 38/09 was registered. The case property was produced before the SHO, PS Chuwari who resealed the same with seal impression "T ". He deposited the case property with the MHC. One part of the sample was sent to the Laboratory for chemical examination. 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 sixteen witnesses. The accused was also examined under Sec. 313 Crimial P.C. His case is of denial simpliciter. The learned trial Court acquitted the accused, as noticed herein above. Hence, this appeal.