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1995 Supreme(SC) 1245

K.RAMASWAMY, S.B.MAJMUDAR
State Of H. P. – Appellant
Versus
Pirthi Chand – Respondent


Advocates:
ARVIND SHUKLA, Laxmi Arvind Mathur, NARESH SHARMA

( 1 ) LEAVE granted.

( 2 ) WE have heard the counsel on both sides. On 24/03/1986, on receipt of a secret information that a contraband, viz,. Charas was being dealt with at the bus stand, Head Constable Rattan Singh along with other police officials was present at bus stand, Amb. They secured the presence of one Pradhan Subhas Chand and one Gurdas Ram and raided the house of the first respondent. , On search, they found 1 kilo 15 grams of Charas. They took sample and divided the same into three parts. One was given to the accused, another was sent to the Court and third one was sent to the Chemical Examiner for analysis. On analysis, it was found that it was Charas. Accordingly charge sheet was filed to prosecute him under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 [for short, "the Act"]. After considering the charge-sheet, the learned Sessions Judge by his order dated 6/07/1987 discharged the respondent from the offence under Section 20. On revision, the High Court by the impugned order dated 4/06/1992 made in Criminal Revision No. 118/87 confirmed the same. Thus this appeal by special leave.

( 3 ) THE question is whether the learned Sessions Judge was













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