STATE OF HIMACHAL PRADESH Vs. AYUB MOHAMMAD

JUDGEMENT

(1.) This appeal under Section 378 of the Code of Criminal Procedure (for short 'Code') by the State assailing the acquittal order passed by learned Special Judge, Chamba Division, Chamba, H.P.in Sessions Trial No.34 of 2009 held under Section 20 of the Narcotic Drugs and Psychotropic Substances Act (for short NDPS Act).

(2.) The prosecution story which emerges from the record is that on 10.7.2009 H.C. Kartar Singh (PW-8) alongwith H.C. Subhash Chand, HC Roop Singh, Constable Anuj Kumar (PW-1), Constable Sanjay Kumar 9PW-3) and LHC Uttam Chand were present at Bonkhri Morh at about 12.05 PM and Sadhu Ram (PW-2) and one Pawan Kumar met them at that place. The respondent came there on foot and on seeing the police party, tried to run back but was nabbed on suspicion. The option was given to the respondent vide memo Ext.PW-1/A and the respondent opted to give his search to the police and thereafter all the police officials and two independent witnesses gave their personal search to the respondent vide memo Ext.PW-1/B, but nothing incriminating was found.

(3.) The further case of the prosecution is that the personal search of the respondent was conducted and one Polythene envelope of black colour was recovered which was concealed by the respondent under his belt and was tied around his waist and on checking it was found to be containing Charas which on weighing turned to be 700 grams. Two samples each weighing 25 grams were separated from the Charas so recovered, which were put in two separate parcels and each of the parcel was sealed with three seals of impression 'A', whereas the residue charas was put in the same envelope and thereafter sealed in a separate parcel with five seals of the same impression and all the parcels were taken into possession vide memo Ext.PW-1/D. The specimen of the seal was taken separately which is Ext.PW-1/C.