IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.A No.17 of 1995 Decided on : October 5, 2009 State of H.P. …Appellant. Versus Gindia …Respondent. Coram The Hon’ble Mr. Justice Surjit Singh, Judge. The Hon’ble Mr. Justice Surinder Singh, Judge. Whether approved for reporting?1 For the Appellant : Mr. Ramesh Thakur, Assistant Advocate General. For the Respondent : Mr. Pawan Gautam, Advocate, vice Mr. N.K. Thakur, Advocate. Surjit Singh, J (Oral) State has appealed against the judgment, dated 18th February, 1994, of Sessions Judge, Chamba, whereby respondent Gindia, who was charged with and tried for offence, under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, has been acquitted. 2. Case of the prosecution, as per record, may be stated. On 18th December, 1991, PW-9 ASI Gian Chand of Police Station, Tissa, accompanied by two Constables, went for patrolling to a place known as Rakhalu. There he received secret information that two ladies from Amritsar were moving about in the area for purchase of Charas and Whether reporters of the local papers may be allowed to see the judgment? …2… that they were likely to pass through Rakhalu. Naka was organized by PW-9 ASI Gian Chand. Two independent witnesses, namely Baldev Ram (PW-1) and Kishan Chand (PW-2), were associated. Soon two ladies appeared. One of them was the respondent. On seeing the police, the ladies got nervous. They were overpowered. They were informed that it was intended to search their person, as it was suspected that they were carrying Charas and that in case they so desired search could be arranged in the presence of a Magistrate or a Gazetted Officer. The ladies agreed for their search on the spot. On search, 2 kgs Charas, wrapped in a polythene bag, was recovered from the bag, which the respondent was carrying. Search was conducted in the presence of Lady Constable Sandhya Devi (PW-3). One sample, weighing 10 grams, was separated. Sample and the bulk Charas were made into separate parcels, which were sealed. Both the parcels were deposited with PW-4 MC Surinder Kumar, who handed over the same to PW-8 MHC Rumal Singh. Sample was sent to the Chemical Examiner. Its contents were opined to be Charas, vide report Ex. PG. 3. During the course of trial, both the independent witnesses, namely PW-1 Baldev Ram and PW-2 Kishan Chand, turned hostile. They denied that Charas was recovered from a bag of the respondent in their presence. PW-9 ASI Gian Chand stated that the search was conducted …3… by Lady Constable Sandhya Devi (PW-3), who had been called from Police Station, Chamba, which is about three hours’ journey, by bus, from the place of search and seizure. PW-3 Sandhya Devi did not corroborate the testimony of PW-9 Gian Chand that the search was conducted by her. She stated that Charas was not recovered in her presence nor did she search the bag of the respondent and that she only searched the person of the respondent, at Police Station, Tissa. In view of the abovestated position, we see no merit in the present appeal. The same is, therefore, dismissed. ( Surjit Singh ), J October 5, 2009(sd) ( Surinder Singh ), J