STATE OF HIMACHAL PRADESH Vs. PRABHAT SINGH

JUDGEMENT

(1.) By way of this appeal, the State has challenged the judgment passed by the Court of learned Special Judge (Fast Track Court), Mandi, District Mandi in Sessions Trial No. 06/2011 dated

(2.) 7.2012, vide which learned Trial Court has acquitted the accused for the commission of offence punishable under Section 20 of the Narcotic Drugs & Psychotropic Substance Act, 1985 (in short 'the NDPS Act '). 2. The case of the prosecution was that on 11.11.2010 at around 1:30 p.m. Inspector Hari Pal Saini, the then SHO of Police Station Gohar along with police party, i.e. HHC Chuni Lal, Sub Inspector Dorje Ram, HC Prabhakar and HC Inder Singh were present near Pandoh Dam for traffic checking on National Highway-21 when at around 1:30 p.m. accused carrying a 'Pithu' bag on his back came from Aut side and when he saw the police party he got frightened and was apprehended by the police party. On inquiry he disclosed his name as Prabhat Singh. Further as per prosecution as the place was secluded one accordingly Investigating Officer Hari Pal Saini (PW8) associated HC Inder Singh and HHC Chuni Lal as witnesses. Investigating Officer gave his personal search to the accused in presence of these witnesses.

(3.) After completion of investigation challan was filed in the Court and as a prima face case was found against the accused accordingly he was charged for commission of offence punishable under Section 20 of the NDPS Act, to which he pleaded not guilty and claimed trial.