PAWAN KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) APPELLANT is aggrieved by the judgment of the trial Court whereby he has been convicted of offence of possessing opium, punishable under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

(2.) FIRST , we may notice the prosecution version. On 28.7.1994, a police party, headed by PW -7 HC Hukam Singh, was present at Main Bus Sand, Mandi around 8.45 a.m., when bus No. HP -20 -0634, which was going from Manali to Amritsar reached there. PW -7 HC Hukam Singh and other police officials accompanying him entered the bus for checking purpose. Appellant, who was one of the passengers travelling by the bus, de -boarded the bus through a door different from the door through which PW -7 HC Hukam Singh and his party entered the bus, and ran towards Sabji Mandi. He was given a chase by PW7 HC Hukam Singh and the police official accompanying him and was over -powered near the gate of the bus stand. He was having a bag with him. He was told that it was intended to search his person as also the bag, which he was carrying, and that in case he so desired, search could be arranged in the presence of some gazetted officer or a Magistrate. In the meanwhile, PW -8 Dy. S.P. Prem Thakur, who was working as Station House Officer at Police Station, Sadar, during those days, reached the spot. Police Station is at a distance of 150 yards from the bus stand. The Dy.S.P. searched the bag Ext.P -3, which the appellant was carrying. It was found to contain a stuff which looked and smelt like opium. On weighment it was found to be 360 grams. Two samples, each weighing 20 grams, were separated. The samples and the bulk stuff were made into three separate parcels. All the parcels were sealed with a seal, which produced the impression of English letter ˜H. Specimen impressions of the seal were affixed on a piece of cloth. Search was conducted in the presence of two independent witnesses, namely PW -1 Gulshan Kumar and PW -6 Krishan Lal. PW -7 H.C. Hukam Singh was also present at the time of search. One of the two samples was sent to the Chemical Examiner, who opined that the sample was of opium.

(3.) THIS Court accepted the appeal of the appellant, vide judgment dated 26.8.1996, holding that provision of Section 50 of the Narcotic Drugs and Psychotropic Substances Act had not been complied with and that the laboratory at Kandaghat, from where the sample had been got analyzed, was not authorised to conduct the test.