State of Himachal Pradesh vs Hem Raj

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(HP) 169

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
TARLOK SINGH CHAUHAN, SUSHIL KUKREJA
State of Himachal Pradesh – Appellant
Versus
Hem Raj – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Mr. I.N.Mehta, Mr. Yashwardhan Chauhan, Sr. Addl. A.Gs. with Mr. Ramakant Sharma, Mr. Navlesh Verma, Ms. Sharmila Patial, Mr. Sushant Kaprate, Addl. A.Gs. and Mr. Raj Negi, Dy.A.G.
For the Respondent:Mr. G.R.Palsra, Advocate.

JUDGMENT :

Tarlok Singh Chauhan, J.

Aggrieved by the acquittal of the respondent for the commission of an offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (inshort, “the Act”), the appellant-State has filed the instant appeal.

2. It is not in dispute and is rather specific case of the prosecution that 900 grams of cannabis was recovered inside the shirt and underpants worn by the respondent.

3. It shall be apt to reproduce the relevant portion of the statement of Investigating Officer, which reads as under:-

“The vehicle passing from the place were also stopped and the persons occupying the vehicle were asked to become witnesses, but they also refused. Therefore, the police officials ASI Mohan Lal second and H.C. Dharam Dass were associated as witnesses and accused on asking told his name and address. We have our search to the accused about which memo Ex.PW7/A was prepared. Thereafter, personal search of the accused was conducted and it was found that accused was carrying two packets wrapped with brown tape on his stomach inside the shirt under pant. On checking inside the packet black material in the shape of Chapati and some of it were al

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