STATE OF HIMACHAL PRADESH Vs. SURAT SINGH

JUDGEMENT

(1.) The present criminal appeal arises out of a judgement and order dtd. 8/10/2015 passed by High Court of Himachal Pradesh vide Cr. Appeal No. 155 of 2015 wherein the judgment of conviction and sentence to undergo rigorous imprisonment for a period of 10 years and to pay fine of Rs.1,00,000.00, rendered by the learned Special Judge-I, Shimla, H.P, in Sessions trial No. 21- S/7 of 2013, dtd. 31/12/2014 was set aside. The prosecution has failed to prove the case against the accused for the commission of offence under Sec. 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (herein after ND & PS Act). Accused was acquitted of the charges framed against him. BRIEF FACTS

(2.) The factual matrix of the case is that on 13/3/2013, police party headed by SHO Daya Ram consisting of ASI Raj Kumar and others was present during Nakabandi at place Pandranu from 4:00 am to 6:00 am. The police party while coming back in vehicle No. HP-07A-0839 reached near Dhangu Dhank. The accused was found coming downward carrying red-gray coloured bag pack. On seeing the police party, the accused became perplexed and tried to run away. On suspicion, accused was apprehended by the police party. The consent was taken vide consent memo Ext. PW-1 /A. The police official has given the personal search vide memo Ext. PW-1/B. On search of the bag of accused, one plastic bag was found containing charas in the form of balls and sticks. The charas weighed 11 kg 50 grams.

(3.) The charas Ext. P-4 was repacked in the same bag and sealed with three seals of "H'' in parcel Ext. P-1 in the presence of witnesses and taken into possession vide memo Ext. PW-1/D. Sample of seal "H" was also taken on a piece of cloth vide Ext. PW- 1/C. Rukka Ext. PW-11/A was prepared on the basis of which FIR Ext. PW-7 /D was recorded. Investigating Officer sent the rukka and sealed parcel containing charas through Head Constable Babu Lal who deposited it in the malkhana and corresponding entry was taken in the register. The abstract of malkhana register is Ext. PW- 7 /A. The Investigating Officer prepared NCB form in triplicate vide Ext. PW-1/E. The case property was sent to FSL Junga vide RC No. 4. On completion of the investigation, the chargesheet was submitted in the competent court.