STATE OF HARYANA Vs. SONIA

JUDGEMENT

(1.) The present application , under section 378 (4) of the Code of Criminal Procedure for grant of leave to appeal, has been filed against the judgment dated 18.8.2010, passed by the learned Additional Sessions Judge, Sirsa, whereby Sonia, respondent was acquitted of the charge in FIR No.448 dated 21.5.2007, registered under Section 20 of the Narcotic Drugs and Psychotropic Substances Act.

(2.) The prosecution case in brief is that on 21.5.2007, a police party headed by ASI Rattan Singh and some other police officials were on patrolling in City Sirsa. Near Copy Chand Seed Factory, Sirsa a woman having yellow coloured plastic bag on her head, was seen coming on foot. The police party got suspicion and stopped her and asked her to search her bag. A notice under Section 50 of the Act was served upon her and asked her to be searched in the presence of either a Gazetted Officer or a Magistrate. She reposed her confidence in PW7 ASI Rattan Singh. On search of her bag, Ganja was recovered from it. Two samples of 100 grams each were separate from the bulk and converted into separate parcels. The remainder alongwith the polythene and plastic bag when were weighing it came out 7 Kgs. It was also converted into a parcel and sealed with seal "RS". After use the specimen seal impression and seal were handed over to PW8 Om Parkash. Ruqa was sent to the police station for registration of the FIR. The sample parcels were sent to FSL Madhuban for chemical examination. Prepared the site plan and recorded the statements of the witnesses. After completion of the investigation, the respondent was charged under Section 20 of the Act as the contents of the parcel being Ganja. The accused did not plead guilty and claimed trial.

(3.) In order to bring home guilt to the accused, the prosecution examined as many as seven witnesses and closed its evidence.