STATE OF H.P. Vs. MANGE RAM

JUDGEMENT

(1.) State has appealed against the judgment dated 10th March, 1995 of learned Additional Sessions Judge (1), Shimla, whereby respondent Mange Ram, who was charged with and tried for offence, under Sec. 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, has been acquitted.

(2.) Case of the prosecution, as per evidence on record, is like this. On 16th Oct., 1992 at 9 a.m., when HC Bhagi Rath (PW-8) of Police Station, Nirmand was on routine patrol duty along with Constable Amar Singh, in the Bazaar of Niarmand, he received secret information that a man with Charas had been travelling by Lihanj-Rampur bus. On getting this information, PW-8 Bhagi Rath formed a party, in which two independent witnesses, namely PW-1 Mukand Lal and PW-2 Ghanshyam, were associated. Tehsildar of Nirmand, namely PW-7 B.R. Thakur was also associated. In the meanwhile, bus reached Nirmand Bus Stop. It was searched. Respondent was found occupying Seat No.26, with a bag kept on his thighs. He was informed that it was intended to search his person and baggage and in case he so desired search could be arranged in the presence of a Magistrate or a Gazetted Officer of any of the Departments notified for the purpose, under Sec. 41 of the Narcotic Drugs and Psychotropic Substances Act. Respondent allegedly opted for being searched on the spot by PW-8 Bhagi Rath and Tehsildar. On search of his bag Charas, contained in two packets, was recovered, which was weighed and found to be 3.300 kgs. One sample, weighing 10 grams, was separated from both the packets. It was made into a parcel and sealed. Bulk charas was also made into a parcel and that parcel was also sealed. Report of the search and seizure was prepared and sent to the Police Station. The same is Ex. PC. On the basis of this report, case was formally registered vide FIR Ex. PB/1. Sample parcel was sent to the Chemical Examiner, who vide report Ex. PE gave the opinion that the sample was of Charas.

(3.) Respondent was charged by the trial Court, with the offence, under Sec. 20 of the Narcotic Drugs and Psychotropic Substances Act. He pleaded not guilty and was, therefore, put on trial.