STATE OF HIMACHAL PRADESH Vs. SOM DASS

JUDGEMENT

(1.) THE present criminal appeal has come up for consideration after the leave to appeal has been granted under Section 378(3) of the Code of Criminal Procedure against the judgment dated 21.11.2001, passed by Sessions Judge, Kangra in Sessions Case No. 9 -K/VII -2001, thereby acquitting the Respondent/accused for the offence under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short as Act), in reference to First Information Report No. 191 of 2000.

(2.) THE prosecution case, in brief, is that on 28.10.2000 at about 2.00 P.M., Head Constable Prithi Singh, Constable Om Parkash and Constable Raj Kiran, while at Bhagsunag Road, noticed one person, who after seeing the police party tried to run away and on 2 suspicion was apprehended. At that time, Sansar Chand and Bhim Singh also present on the spot joined the raiding party. After giving option to the accused for being searched by a Gazetted Officer or Magistrate or by the raiding party, the accused agreed to give his personal search by the police raiding party and on personal search 19 grams of Charas was recovered. Out of the recovered Charas, two samples of 5 grams each were taken out and the remaining Charas was sealed in separate parcels and seal impression "T" was placed on those parcels. Rucka Ex. PC prepared by Head Constable Prithi Singh was sent to Police Station through constable Raj Kiran, in that reference FIR Ex. PD was registered. Site plan Ex. PF was also prepared. The samples were sent for chemical examination. On completion of investigation, the accused was charged for the offence aforesaid.

(3.) PW -1, Sh. Sansar Chand, has stated that he was called by the police and was only asked to put signatures on some papers, as such PW -1, Sansar Chand, independent witness, was declared hostile.