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2013 Supreme(HP) 199

SURINDER SINGH, DHARAM CHAND CHAUDHARY
STATE OF HIMACHAL PRADESH – Appellant
Versus
PAWAN KUMAR – Respondent


Advocates Appeared:
D.C.PATHIK, M.A.KHAN, RAMESH THAKUR, G.R.PALSRA

JUDGMENT

SURINDER SINGH, J. -

1. THE State has challenged the acquittal of the respondent, hereinafter referred to as the accused, for the offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, in short 'the Act', for allegedly keeping in possession 750 grams of Charas on 27.9.2006 at about 12.30 p.m. while travelling in bus bearing Registration No.HP-34-3184.

2. AS per the case of the prosecution on the arrival of the bus at 'Burah Mod', it was stopped at the Naka point. The bus crews were Sher Singh and Netar Singh. While checking, PW-8 ASI Shiv Chand found the accused sitting and holding an envelope of light-red colour in his lap, he got suspicious and asked about his identity, to which he disclosed but when checked envelop, it contained 750 grms of Charas.

Out of the recovered stuff, two samples of 25 grms., each were separated and packed and sealed with seal impression 'N'. The remaining Charas was also sealed with the same seal. The seal impression was also taken on a separate piece of cloth. The I.O. filled in NCB forms in triplicate and the case property was taken into possession vide seizure memo Ex.PW-1/J in the presence of the bus c

















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