STATE OF HIMACHAL PRADESH Vs. OM PARKASH

JUDGEMENT

(1.) Instant appeal has been preferred by the State of Himachal Pradesh against acquittal of respondentOm Parkash vide judgment, dated 14th January, 2011, passed by the learned Presiding Officer, Fast Track Court, Solan, in Case No. 11 FTC/7 of 2010 arising out of case FIR No. 98/2009 registered at Police Station Parwanoo, District Solan, under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'NDPS Act') .

(2.) We have heard learned counsel for the parties and have gone through the record.

(3.) Prosecution case, in brief, is that on 28th November, 2009, after recording G.D. Entry No. 34 (a) , Ex. PW4/A, PW12 ASI Ram Lal alongwith PW1 HC Ashok Kumar, PW7 HC Bhagirath, PW11 Constable Rajesh Kumar and Constable Gurcharjit Singh (not examined) left the Police Station at about 11.10 p.m. in official vehicle Bolero Camper being driven by Constable Desh Raj (not examined) having search light, investigation kit and weights and scale for checking of vehicles and Nakkabandi in the area of Sector 3, Parwanoo etc. At about 12.35 a.m., police party stopped a HRTC bus plying from Rohru to Delhi near Shivalic Agro Factory, Sector 3, Parwanoo and conducted routine checking of luggage of passengers. During checking, a person sitting on seat No. 14 was found with a bag in his lap and one bag between his legs below the seat. On checking these bags, a mobile charger with lead and a tshirt were found in the bag which was in his lap and in another bag, a brown pant, a woolen shawl and a polythene packet were found. In the polythene packet, charas in round and stick shape was recovered. Person alongwith bags was brought out of the bus from the front door and driver and conductor of the bus were also called outside the bus, who disclosed their names to be Vinod Kumar and Nagender, respectively. Name of owner of bag was also asked in presence of driver and conductor of the bus, who disclosed his name and identity as respondent.