STATE OF HP Vs. PADMA RAM

JUDGEMENT

(1.) The present Criminal Appeal has come up for adjudication after the grant of leave to appeal under Section 378 (3) of the Code of Criminal Procedure has been granted in reference to judgment dated 21.6.2000, passed by Learned Additional Sessions Judge, Shimla, H.P., in Sessions Trial No.3S/ 7 of 2000 under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'NDPS Act'), acquitting the alleged respondentaccused.

(2.) The prosecution case is that on 15.11.1999, PW.5 Head Constable Het Ram, Police Station, Sadar, Shimla was on his way to Ghora Hospital side alongwith Constable Anil Kumar in connection with the investigation of a case registered vide FIR No.268/1999 under Section 379 and 457 of the Indian Penal Code and when he reached at Ganj Bazar, the accused was found sitting with a bag on the stairs of the building belonging to M/S Roop Chand Sohan Lal. On seeing PW.5 and the Constable, the accusedrespondent tried to hide the bag in the backside. On suspicion, PW.5 conducted the search of the bag of the accusedrespondent, after apprising him whether he wants to be searched by the police officials or by a Magistrate or the Gazetted Officer and on his agreeing, search was made before two independent witnesses Kishori Lal and Ganga Singh and 110 grams of charas was recovered. Out of recovered charas two samples of 25 grams each were separated and sealed into two parcels with seal 'S' and sent the same for chemical examination.

(3.) After investigation, respondentaccused charged for the offence under Section 20 of the 'NDPS Act'. In order to prove its case, the prosecution has examined as many as 6 prosecution witnesses, whereas, the accused through his statement under Section 313 of Cr.P.C., has denied the prosecution case and shown his innocence.