STATE OF HIMACHAL PRADESH Vs. GIAN CHAND

JUDGEMENT

(1.) STATE has appealed against the judgment dated 14th October, 1994 of learned Sessions Judge, Una, whereby respondents Gian Chand, Rajinder Kumar, Sanjeev Kumar and Ravi Dutt, who were charged with and tried for offence, under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, have been acquitted.

(2.) PROSECUTION case, which led to the trial of the respondents, may be summed up thus. On 20th October, 1992 around 12.30 a.m., when PW -2 Inspector Sita Ram, SHO, Police Station, Sadar Una, alongwith PW -1 SI Kishori Lal and some other police officials, was present at a place called Teuri Bridge on Una -Amb Road, in connection with routine patrolling, a Maruti Van (Taxi) bearing registration No. HPY -1470, appeared from Amb side. It was got stopped for checking. One polythene bag, green coloured, containing Charas like stuff was found, under the rear seat, which was occupied by respondents Gian Chand, Sanjeev Kumar and Ravi Dutt. Respondent Rajinder Kumar was in driver 'sseat. The stuff smelt like Charas. It was seized. On weighment, it was found to be 500 grams. 10 grams Charas was separated by way of sample. The sample and the bulk Charas were made into two separate parcels, which were sealed with a seal that produced impression of English letter 'A '. Report of the matter was drawn and sent to the Police Station for registration of the case. Both the parcels, containing the bulk stuff and the sample, were deposited with PW -3 MHC Raj Kumar, who affixed his own seal, which produced the impression of English letter 'K '. Sample was sent to Chemical Examiner, who opined its contents to be of Charas.

(3.) RESPONDENTS took the plea that nothing was recovered from the van and that as a matter of fact, when they were present near Police Lines, Una, at a tea stall, PW -2 Inspector Sita Ram asked them for carrying him to Amb and when they did not oblige him, he falsely implicated them in this case.