STATE OF H.P. Vs. PURAN CHAND

JUDGEMENT

(1.) THE State is in appeal against the judgment dated 2.9.1995 of the learned Sessions Judge, Mandi, Kullu and Lahaul -Spiti Districts at Mandi, H.P, whereby the respondent, who shall herein -after be called as 'the accused', was tried for the offence under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1995 (the 'Act') and was ultimately acquitted.

(2.) BRIEFLY stated, the case of the prosecution is that on 13th April, 1994, at about 4.00 PM, PW -14 Moti Ram, ASI along with other police officials was on patrol duty in Pandoh bazar. In the meantime, he received a secret information that a young man was coming to Pandoh bazar through Jiuni road, who was carrying 'Charas' in a bag. At about 4.25 PM, the accused appeared on the aforesaid place and was about to reach National Highway No. 21, Pandoh bazar. On seeing the police party, he started retracing his steps towards Kullu side. However, he was stopped by ASI Moti Ram, who disclosed his intention to search him. Thereafter he gave him an option to be searched by him or to be taken to the nearest Gazetted officer/Illaqua Magistrate. The accused volunteered for his search by the said ASI as per memo Ex PF. Search followed. It was conducted by ASI Moti Ram in the presence of other members of the police party and independent witnesses Jeet Ram and Beli Ram. It resulted in recovery of 'Charas' weighing 1 Kg and 850 grams from the bag, being carried by the accused. Out of the recovered 'Charas', two samples, each weighing 10 grams were taken out. The samples and the bulk were sealed in three separate parcels with seal bearing impression 'T'. The recovery memo is Ex PG. Seal impression Ex P -12 was also prepared. One sample of the recovered contraband was sent for chemical examination to C.T.L. Kandaghat and report Ex PK was received. On completion of investigation, the accused was sent up to face trial. On being charged, he did not plead guilty and claimed to be tried. The prosecution evidence followed. It has examined as many as 14 witnesses.

(3.) ON conclusion of the trial, the accused was acquitted by the learned trial court, as already noticed. Being aggrieved, the State is in appeal.