V.K.Sharma

(1) The State is in appeal against acquittal of the respondents (accused) for the offence under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'NDPS Act') by the learned Sessions Judge, Una, H.P. vide judgment dated 04.06.2001.

(2) Factual matrix as noticed by the learned trial Court is as under.

On December 3, 2001 Constable Subhash Chand (PW-11) was present in civil clothes near Jogi Panga in connection with detection of crime. He got the secret information near old bus-stand Jogi Panga that the accused persons were coming on the road and they were carrying opium.

(3) In the meanwhile, HC Hoshiar Singh (PW-5) and HC Kuldip Kumar (PW-10) along with other police officials, were also present at Jogi Panga for the detection of crime. At about 4.55 p.m. on that day C. Subhash Chand met them and made the statement Ext. PB u/s 154 Cr.P.C. HC Kuldip Kumar prepared the information report u/s 42 of the Act Ext. PA and sent it through C. Ranjit singh (PW-1) to the S.P. Una. Thereafter, statement Ext. PB was sent through Kulbhushan constable (PW-2) to Police Station, Bangana on the basis of which case was registered vide formal FIR Ext. PC