STATE OF UP Vs. TEK CHAND

JUDGEMENT

(1.) State has appealed against the judgment dated 31-8-1995 of learned trial Court, whereby respondent Tek Chand, who was tried for offence, under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, has been acquitted.

(2.) Case of the prosecution, which led to the trial of the respondent, may be noticed. On 25-11-1994 around 10 p.m., when PW 13 Bhim Singh, Additional SHO, Police Station Sadar, Mandi, was present in Pandoh Bazaar along with PW10 Gulab Singh Constable, PW 11 Dhian Singh ASI and PW12 Shanti Kumar Constable, respondent was seen coming from dam side with a bag slung on one of his shoulders. On seeing the police, he tried to withdraw. That arouses suspicion of the police party. Respondent was overpowered. He was informed that it was intended to search his person and the bag, which he was carrying and in case he so desired, search of his person could be arranged in the presence of a Gazetted Officer or a Magistrate. Respondent opted for being searched on the spot. From the search of his bag, a bundle made of black coloured cloth was recovered. On opening the bundle, it was found to contain Charas, which weighed 750 grams. Two samples, each weighing 10 grams, were separated. Samples and the bulk Charas were made into three separate parcels and the same were sealed with seal that produced the impression of letters "DS" of English alphabet. Written report of search and seizure was drawn and sent to Police Station, where case was formally registered, vide FIR Ex. PW4/ A. Case property was produced by PW 13 Bhim Singh to PW4 Ravinder Singh, SI/ SHO, Police, Mandi, who affixed his own seal that produced the impression of letter "D" and deposited all the three parcels containing samples and the bulk of recovered stuff with PW1 Hukam Chand, MHC. One of the two samples was sent to the Chemical Examiner, who vide report Ex. PC, opined that the sample contained resin of cannabis plant to the extent of 35.84%.

(3.) On receipt of report, respondent was challaned. Trial Court has acquitted the respondent holding that Section 50 of the Narcotic Drugs and Psychotropic Substances Act had not been complied with and the independent witnesses, associated by the police during search and seizure, namely PW1 Hukum Chand, PW8 Prem Singh and PW9 Ved Prakash, did not support the prosecution version.