(1.) The instant appeal has been preferred by the State against the acquittal of the respondent in case instituted under Section 20 of the Narcotic Drugs & Psychotropic Substances Act (for short 'ND & PS Act').
(2.) At the outset, it may be observed that as regards the prosecution story, the same has been correctly set out by the learned Special Judge and, therefore, reproduced as such.
(3.) The case of the prosecution, in brief, is that on 14.12.2010, a police party consisting of PW-8 Inspector Madan Dhiman, SI Hari Ram, constable Parmod Kumar, PW-7 constable Narender Kumar and PW-5 Ravi Kumar of SIU, SV and ACB, Mandi, had reached Kullu as per rapat Ext.PW8/B. The above police party along with Mahender Singh HHG, Parmod Kumar proceeded to Lag Valley in official Van bearing registration No.HP-18A-2357 vide rapat Ex.PW8/C and was present at place Kamand on 14.12.2010 at about 8.00 p.m. The police party noticed the accused coming from Kalang side towards Kullu on foot with rucksack on his back. The accused on seeing the police party got perplexed and was asked to stop. On inquiry, the accused disclosed his name as Mool Chand, son of Shri Hari Chand. The place of occurrence was isolated. Therefore, the Investigating Officer associated PW-5 constable Ravi Kumar and constable Parmod Kumar, as witnesses and told the accused that his personal search as well as search of rucksack was required and apprised him of his legal right to be searched either before a Magistrate or a Gazetted Officer vide memo Ext. PW5/B. The accused consented to be searched by the police present on the spot vide consent memo Ext.PW8/B in presence of the witnesses. On this, the Investigating Officer and other police officials gave their personal search to the accused in presence of the witnesses, but nothing incriminating was found vide memo Ex.PW5/A. Thereafter, the Investigating Officer conducted the search of green coloured rucksack Ext.P-2 having two strings and three compartments and from middle compartment one polythene envelope kept beneath a pink bag containing 'dhoop' like black substance wrapped with transparent polythene was found. On smelling and on the basis of experience, the black substance was found to be 'Charas'.
ABOUT US "REGENT COMPUTRONICS PVT. LTD." is a Company incorporated in 1991 under the provisions of the Companies Act, 1956. Since its inception to 1995, the Company was busy in carrying out the activities related to various Banks' Job Work..
Read More
Sales: sales@the-laws.com
Support: info@the-laws.com
8000853936
9376168072
27, 4TH FLOOR, Agrawal Center, Ashram Road, Income Tax, Ahmadabad 380014.
LOGIN