LAWS(HPH)-2016-11-131

STATE OF HIMACHAL PRADESH Vs. PREM SINGH

Decided On November 10, 2016
STATE OF HIMACHAL PRADESH Appellant
V/S
PREM SINGH Respondents

JUDGEMENT

(1.) The present appeal is preferred by the appellant/State under Section 378 of the Code of Criminal Procedure assailing the judgment of acquittal, dated 06.01.2011, passed by the learned Additional Sessions Judge, Fast Track Court, Kullu, District Kullu, H.P., in Sessions Trial No.32 of 2010, whereby the accused has been acquitted of the charge framed against him under Section 20 of the Narcotic Drugs & Psychotropic Substances Act,1985 (hereinafter referred to as 'the Act'').

(2.) Briefly stating, as per prosecution story, facts giving rise to the present appeal are that on 22.01.2010, ASI Man Singh, alongwith other police officials, was on patrol duty in official vehicle No.HP-34A-0213. When the police party reached at Bharthi-dhar, at about 6.00 AM, they saw one person coming on foot from upper Bharthi-dhar side holding a gunny sack in his hand and on seeing the vehicle of the police, he got perplexed and tried to turn back. The police officials, on suspicion, got down from the vehicle and nabbed the accused. The accused person disclosed his name as Prem Singh. There was suspicion in the mind of ASI Man Singh that the accused was carrying contraband, so he sent Constable Vijay Kumar to the nearby village to arrange independent witnesses, but he returned empty handed.

(3.) Accused was charged with the commission of offence under Section 20(b) (ii) (C) of the NDPS Act, wherein he pleaded not guilty and claimed to be tried. To prove its case, the prosecution examined eight witnesses.