STATE OF H.P. Vs. FATEH SINGH

JUDGEMENT

(1.) THIS appeal is directed against the judgment of the learned Sessions Judge, Shimla in Sessions Trial No. 65 -S/7 of 1993, decided on 29.3.1994 whereby he has acquitted the accused of having committed an offence punishable under Section 18 of the Narcotic Drugs and Psychotropic Substances, 1985 (hereinafter, referred to as the ˜Act).

(2.) BRIEFLY stated the prosecution case is that on 4.8.1993 A.S.I. Chandan Singh (PW9) received secret information that one person is roaming in Ganj Bazar, Shimla and suspected that this person is having some contraband substance. Thereafter, Chandan Singh sent inforation to the Additional S.P., Shimla through constable Krishan Kumar.

(3.) IT is pertinent to mention here that admittedly, the Incharge of the Police Station, i.e. PW/1 Kuldeep Chand, Inspector did not affix his seal when PW/9 ASI Chandan Singh deposited the parcels with him. On examination by the Chemical Examiner, the sampels were found to be of the Opium. Challan was filed against the accused and the accused pleaded not guilty and claimed trial. After trial, he has been acquitted. Hence the present appeal by the State.