STATE OF HARYANA Vs. KARAN SINGH @ KUKU

JUDGEMENT

(1.) The appellant-State has preferred the instant appeal against judgment dtd. 27/2/2003, passed by learned Additional Sessions Judge-II, Jind, vide which respondent-accused Karan Singh @ Kuku has been acquitted.

(2.) Factual Scenario, as per prosecution version is that on 30/12/1998, when SI Wazir Singh along with other police officials were present on Sunder Branch Bridge on Pucca Road from village Nandgarh to village Bharon Khera and was talking with Ved Singh Ex.Sarpanch, a person came on a scooter without any number plate being driven rashly and negligently. When the said person was stopped, he perplexed and on interrogation disclosed his identity as Karan Singh @ Kuku son of Nathu Ram (accused/ respondent). On suspicion of having opium or charas in his possession, the accused was served with a notice under Sec. 50 of NDPS Act and the accused opted for his search in presence of a Gazetted Officer. Subhash Yadav, DSP, Head Quarter, Jind, was called at the spot and search of the accused was conducted. One green colour bag was recovered from the foot rest of the scooter and upon opening the said bag, charas in two wax paper was recovered. From each wax paper 100 grams was separated as sample and the residue on weighment was found to be 6 Kgs 800 grams, which was poured into the same bag. Sample parcels and residue were sealed with seal 'WS ad 'SY'. The seal 'WS' after use was handed over to HC Ram Avtar, whereas seal 'SY' was retained by the DSP. The sample parcels, residue and the scooter were taken into police possession. FIR was registered. Rough site plan of the place of recovery was prepared and the statements of witnesses under Sec. 161 Cr.P.C. were recorded. The accused was arrested and the case property was handed over to MHC of the Police Station, who prepared report under Sec. 57 of the NDPS Act and sent the same to DSP, Head Quarter, Jind. The samples were sent to Director FSL Madhuban and on received of FSL report and completion of all other formalities, challan under Sec. 173 Cr.P.C. against the accused person was presented in the court, for judicial verdict.

(3.) After finding a prima facie case against the accused, he was charge-sheeted for the offences punishable under Sec. 20 of NDPS Act, to which he pleaded not guilty and claimed trial.