STATE Vs. BALBIR SINGH

JUDGEMENT

(1.) THE present appeal filed by the State seeks to challenge the judgment of the learned Additional Sessions Judge dated 08.01.2004 in Sessions Case No. 24/02 acquitting the accused of the charge framed against him under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

(2.) THE facts succinctly stated are that pursuant to secret information received by ASI Rajdhari Singh of P.S. Paharganj, naqabandi was carried out in the area of Police Station Paharganj whereupon the appellant was nabbed by ASI Rajdhari Singh (PW8) assisted by Head Constable Anil Dutt (PW2) and (Signer's identity unknown) Signed by Arun Kishore Sharma arunkishore.sharma@yahoo.co.in Time: 2009.07.04 16:30:28 +05'30' Reason: Location:

(3.) MR . Manoj Ohri, the learned Additional Public Prosecutor for the State submitted that the learned Additional Sessions Judge had wholly erred in coming to the conclusion that the contrary versions of PW3 and PW5 destroyed the link evidence, and, as such the prosecution had failed to establish that the sample parcel recovered from the accused had not been tampered with. According to him, a bare reading of the testimonies of PW3 and PW5 clearly establishes that the sample parcel was sent by PW5, S.I. Jai Raj Singh (I.O.) through PW3, Constable Rakesh Kumar to the FSL for chemical analysis. The learned Counsel for the respondent Mr. Jaswant Persoya, Advocate, on the other hand, urged that the judgment of the learned Additional Sessions Judge was not liable to be interfered with as the versions of PW3, Constable Rakesh Kumar and PW5, S.I. Jai Raj Singh were completely contrary to each other and the version of PW1, Head Constable Jitender Kumar, who had stated that the sample parcel and the CFSL form had been handed over by him (PW1 Head Constable Jitender Kumar) to PW3 Rakesh Kumar to take it to the CFSL.