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2010 Supreme(HP) 1083

R.B.MISRA, SURINDER SINGH
State of H. P. – Appellant
Versus
Ranjit Ram – Respondent


JUDGMENT

Surinder Singh, J

1. Respondent was acquitted by the learned trial Court for the offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 in short 'the Act' allegedly keeping in possession 400 grams of charas. State felt aggrieved by the acquittal, as such filed the present appeal.

2. In short, the prosecution case, as emerges from the evidence on record, can be stated thus. On 28.2.1998 PW11 Head Constable Khem Chand was on duty in Police Post Manikaran. Around 3.30 p.m., he received a telephonic message that a boy wearing black and green jacket was on his way to Manikaran from the side of village Phulga, carrying black and red colour bag, who was suspected carrying charas.

(ii) The above information was entered into the Rapat Rojnamcha Ext. PB and wireless message Ext. PA was also flashed to the Superintendent of Police, Kullu by PW11 aforesaid.

(iii) Thereafter Head Constable Khem Chand aforesaid accompanied by Home Guard PW8 Chander Kiran reached near 'Ram Temple' Manikaran and included Chabi Lal and PW10 Charan Singh Pradhan of the Panchayat in the raiding party.

(iv) The raiding party around 3.45 p.m. proceeded towards village Shanana
























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