LAWS(HPH)-2008-11-18

RAMESH CHAND Vs. STATE OF H P

Decided On November 04, 2008
RAMESH CHAND Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) THIS criminal revision petition has been directed against the order passed by the learned Special Judge (Fast Track Court), Chamba, in Case S. T. No. 9/2008/2007 titled as State v. Satish kumar and another, whereby the petitioner herein, was ordered to be summoned suo motu, by the Court below, after hearing final arguments, as an accused purported to be under Section 319, Cr. P. C. . for the offence punishable under Section 22 of the Narcotic drugs and Psychotropic Substances Act, 1985.

(2.) THE synoptical resume of the facts giving rise to the present petition are that on 16. 8. 2006 at about 6 p. m. , the police party headed by A. S. I. Hans Raj was on patrolling duty and noticed accused Satish Kumar coming from Lahru side. When he tried to escape on sighting the police, it became suspicious. In the meantime, one person Dinesh kumar came on his motor-cycle and police officials took his assistance to apprehend the accused. On his personal search from his shirt-pocket police recovered 144 capsules of Parvon Spas and 19 capsules of Proxyvon spasmo. These were schedule-H drugs and psychotropic substance, the said accused could not produce any prescription slip of the registered medical practitioner or a licence for retaining the same. The case property was taken into possession and the accused was arrested.

(3.) A ruka was sent for the registration of the case, on the basis of which F. I. R. No. 65/2006 was registered on 16. 8. 2006 against him under the aforesaid section.