Deepak Gupta, J. - (1.)This appeal by the State is directed against the judgment dated 22.11.1994 in Sessions Trial No. 6-NS/7 of 94 whereby the accused has been acquitted of having committed an offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act).
(2.)Briefly stated the facts are that Inspector Bhag Singh (PW-5) was on patrol duty with Ranjit Singh (PW-1) and some other constables. PW-5 received secret information that one person wearing a black and white jersey was strolling near the cold-storage in Sector-1, Parwanoo and was carrying some contraband substance. On this Inspector Bhag Singh (PW-5) constituted a raiding party consisting of himself and the police officials. He also associated two independent witnesses namely Sh. Krishan Kumar and Sh. Kuldeep. This raiding party went to the spot at about 1.00 P.M. and the accused was apprehended. He disclosed his name to be Vipon Lal. He was searched and on his search 500 gms. of Charas was recovered from the left side of the chest underneath the jersey. Two samples of 50 gms. each were separately taken. The bulk Charas and both the samples were sealed with seal-T and thereafter one sample was sent for chemical analysis to the Forensic Science Laboratory, Bharari. The sample was found to be of Charas. Thereafter challan was put up against the accused.
(3.)The accused has been acquitted on two counts. One that this was a case of prior information and there is non compliance of Section 42(1) of the Act and also on account of the fact that there is non compliance of Section 50 of the Act. For the purpose of this appeal we are confining our discussions only with respect to Section 50 of the Act.