STATE OF HIMACHAL PRADESH Vs. VED PARKASH

JUDGEMENT

(1.) For an offence, which is alleged to have been committed on 27.12.1997, accused was put to trial. In terms of judgment dated 3.4.1999 passed by the learned Additional Sessions Judge, Sirmaur District at Nahan, H.P. in Sessions Trial No. 21-N/7 of 1998, titled as State of H.P. versus Ved Parkash, the accused stands acquitted of the charged offence. Whether reports of Local Papers may be allowed to see the judgment?

(2.) As per the case of the prosecution on 27.12.1997, ASI Surjit Ram (PW-7) alongwith Constable Kamal Khan (PW-2) and HC Mahinder Singh was on patrolling duty at Bangran Bye-pass, Paonta Sahib. PW-7 received a secret information that Ved Parkash (accused) was carrying charas and wandering in suspicious circumstances. Consequently a raiding party was constituted involving two independent persons namely Sh. Ghasi Ram and Basu Dev (PW-1). When the police saw the accused he was stopped. PW-7 expressed his desire to search the accused. Option of being searched either before him, before a Gazetted Officer or a Magistrate was given. Memo (Ext. PB) was prepared in this regard. However accused consented to be searched by PW-7 vide memo Ext. PD. Before searching the accused the raiding party gave their personal search to the independent persons on the spot. Thereafter the accused was searched. A polythene packet containing 300 grams of charas was found on his body. The police prepared two samples of 25 grams each which were sealed in separate parcels with seal impression-T. The recovered charas was taken into possession vide memo (Ext. PA) which was duly signed by the independent persons present at the spot as witnesses. Ruka (Ext. PG) was prepared at the site and sent through PW-2 to Police Station, Paonta Sahib where F.I.R. dated 27.12.1997 (Ext. PL) was registered under Section 20 of the N.D.P.S. Act. The accused was arrested at the spot. Special Report (Ext. PJ) was sent to the Deputy Superintendent of Police, Paonta Sahib and the accused and the case property was taken to the Dy. S.P. where it was again resealed with seal impression-M. On 27.1.1998, Constable Sanjay Kumar (PW-6) was deputed to deposit the sample parcel of charas with C. T. L. Kandaghat for chemical examination. The same was duly deposited and report (Ext. PN) obtained there from.

(3.) With the completion of the investigation challan was presented in the Court for trial. The accused was charged for having committed an offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act) to which he did not plead guilt and claimed trial. In order to prove its case prosecution examined seven witnesses. Statement of the accused under Section 313 Cr. P.C. was also recorded.