STATE OF H P Vs. AZAD

JUDGEMENT

(1.) For an offence, which is alleged to have been committed on 12.1.1998, accused was put to trial. In terms of judgment dated 15.3.1999 passed by learned Sessions Judge, Chamba, in Criminal Case No. 18 of 1998 titled as State of H.P. v. Azad, the accused stands acquitted of the charged offence.

(2.) It is the case of the prosecution that on 12.1.1998 at about 5.30 p.m. Sh. Jeet Singh (PW-8), SHO Police Station, Kihar was present along with ASI Bhagwan Dass, Head Constables Gulab Singh, Madan Lal and Constables Om Parkash and Krishan Chand at Dosadka, near Dhargala, Chamba, H.P. when the accused came from Diur side. Seeing the police he got perplexed and tried to run away but on suspicion was apprehended. The accused who was carrying a bag in his hand on inquiry informed his name to be Azad. PW-8 summoned two independent witnesses S/Shri Krishan Chand and Porkhi Ram (PW-1) and in their presence expressed his intention of searching the accused. The accused was informed that he also had a right to be searched before a Gazetted Officer or a Magistrate. The accused gave his consent to be searched by PW-8 which was reduced into writing in terms of memo Ext. PA. In the presence of the independent witnesses the accused and the bag which he was carrying was searched by PW-8. From the bag one polythene bag was recovered which on opening was found to contain Charas. Upon weighment the stuff was found to be 1 kg. 300 gms. Out of the same, one sample of 20 gms. was taken. The sample and the charas were put into two separate parcels which were sealed with seal B and taken into possession vide seizure memo Ext. PB. Sample of the seal was retained vide memo Ext. PC. Rukka (Ext. PG) was sent to the Police Station, Kihar on the basis of which FIR dated 12.1.1998 (Ext. PF) was registered against the accused under Section 20 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the NDPS Act). The sealed sample was kept under safe custody and later sent to the Chemical Examiner, Kandaghat through Constable Jatinder Kumar (PW-5). The report of the Chemical Examiner (Ext. PM) was obtained. With the completion of the investigation challan was presented in the Court for trial.

(3.) The accused was charged for having committed an offence punishable under Section 20 of the NDPS Act to which he did not plead guilty and claimed trial. In order to prove its case the prosecution examined 8 witnesses and the statement of the accused under Section 313 Cr.PC was also recorded. The defence taken was that of denial.