IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Cr.MP(M) No.753 of 2008 Date of decision: 24.7.2008 State of H.P. Petitioner Vs Gulab Singh Respondent Coram: The Hon’ble Mr.Justice: R.B. Misra, J. The Hon’ble Mr.Justice: Surjit Singh, J. Whether approved for reporting?1 For the Petitioner: Mr. P.K.Sharma, Additional Advocate General along with Mr. P.M. Negi, Deputy Advocate General. Per Surjit Singh, J.(Oral) Heard. The Learned Additional Advocate General, representing the appellant-State, submits that respondent Gulab Singh, who was sent up for trial for offence under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, has been acquitted mainly on the ground that he was not identified as the person, who allegedly ran away from the spot after throwing the contraband. According to him, if the evidence is thoroughly examined and scrutinized, it leads to one and only one conclusion that it was the accused who ran away from the spot after throwing the contraband. We have been taken through the judgment of the learned trial Court. The case of the prosecution before the trial Court was that a police party, headed by Krishan Lal PW12, organized a naka at a place called Bega Chanogi. Many police officials were accompanying him. The police party went to the site of the naka by a 1 Whether reporter of local papers are allowed to see the judgment ? 2 Tata Sumo. The driver of that Tata Sumo was PW1 Gopal Krishan. Respondent Gulab Singh allegedly appeared from hill-side. However, due to darkness, he could not be identified. Driver of Tata Sumo, namely PW1 Gopal Krishan, was commanded by HC Krishan Lal to switch on the light of the vehicle, so that the man, who was seen coming from hill-side could be identified. Light was switched on. Gopal Krishan PW1, driver of the vehicle, allegedly identified the respondent and told the SHO and other police officials that his name was Gulab Singh. As soon as the light was switched on and the respondent saw the police party, he threw the bag, which he was carrying and disappeared into the forest. The bag was picked up by the police people and it was found to contain one kg. charas. This incident allegedly happened on 13th October, 2005. Respondent was arrested on 9th December, 2005. During the course of trial, PW1 Gopal Krishan, when called upon to identify the person, who allegedly ran away from the spot after throwing the bag, from amongst several persons, who were present in the trial Court at that time, instead of identifying respondent Gulab Singh, identified some other person, whose name according to the note recorded by the Presiding Officer of trial Court, was Narayan Singh, who did not have any concern with the present case. All the police officials, including the SHO, examined by the prosecution, stated that because of it being dark at the relevant time and the person who fled being not known to them from before, they were unable to say if it was the respondent, who appeared from hill side and escaped into the forest, after throwing the bag. In view of the above stated position, we are of the firm view that it does not stand established that it was respondent Gulab Singh, who allegedly appeared from hill side near the site of the naka and on seeing police, threw the bag containing charas and disappeared into the forest. Consequently, we find no merit in the 3 present petition for grant of leave to appeal. The same is, therefore, dismissed. ( R. B. Misra ), J. July 24, 2008(vs) ( Surjit Singh ), J.