- (1.) THE State challenges acquittal of the respondent of the offence under section 20 of the NDPS Act.
(2.) CASE of the prosecution is that a police party headed by ASI Mohinder Singh PW2 was present at Bus Stand, Panipat. Accused appeared there and was apprehended on suspicion. He was informed that he was to be searched and he had the option to get the search conducted in the presence of a Gazetted Officer. He desired search in the presence of a Gazetted Officer. The police party came at GT Road in front of the bus stand alongwith the accused, where DSP Rattan Singh PW1 arrived and in his presence, search was conducted, on which 2 kgs. and 300 gms. of Charas was recovered from his possession. After taking sample, the residue was separately sealed. Report of the Chemical examiner was received and after completion of investigation, the accused was sent up for trial. The prosecution examined Rattan Singh DSP as PW1, ASI Mohinder Singh as PW2, Jai Bhagwan MMHC as PW3, Ram Kumar as PW4 and Surinder Singh SI as PW5. The prosecution also tendered documents - affidavit of Dalbir Singh Ex.PY and report of FSL Madhuban Ex.PZ.
(3.) THE accused denied the prosecution allegations and examined Constable Suresh Kumar as DW1.;