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2011 Supreme(HP) 1415

R.B.MISRA, SURINDER SINGH
State of Himachal Pradesh – Appellant
Versus
Karam Singh – Respondent


Advocates Appeared:
For the appellant :Mr. R.K. Sharma, Senior Additional Advocate
General.
For the respondent:Mr. R.R. Rahi, Advocate.

JUDGMENT

SURINDER SINGH, J

Respondent Karam Singh was allegedly found in possession of 1 Kg. of Charas and 150 grams of opium in his residential house in village Thalaut. He was accordingly charge-sheeted, tried and acquitted by the learned trial Court for the offences punishable under Sections 18 and 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, in short ‘the Act’, as such, the present appeal by the State.

2. In short, the prosecution story is that on 5.5.2000 PW10 ASI Subhash Chand was on patrolling duty alongwith PW2 LHC Harbans Singh and other police officials in Thalaut Bazar. He received secret information at about 11.30 p.m. that the respondent was indulging in the sale of illicit liquor. He formed a raiding party and joined PW1 Devinder Singh and one Chamaru Ram as witnesses and raided the house of the respondent. On the search of the house, police recovered two Jerry-canes of five liters each of illicit liquor and 1 Kg. Charas alongwith 150 grams of opium from room No.3 of the upper storey. Police also took into possession the weights and measures which were found in the said room. Thereafter two samples of 25 grams each were separated from Charas and two















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