THE STATE OF H.P. Vs. GIAN SINGH

JUDGEMENT

(1.) THE present criminal appeal has come up for consideration after leave to appeal under Section 378(3) of the Code of Criminal Procedure has been granted in reference to the impugned judgment and order dated 30.11.1996, passed by the learned Additional Sessions Judge, Shimla, District Shimla, in Sessions Trial No. 18 -S/7 of 1996, acquitting the alleged accused under Section 18 of the Narcotic Drugs and Psychotropic Substances Act (in short 'NDPS Act').

(2.) IN order to adjudicate the criminal appeal, it is necessary to give the factual background of the case. According to the prosecution, on 27.03.1996, at about 2 P.M., PW -14 Madan Singh, H.C., P.P. Nerwa, in connection with routine patrol duty, was present in the area of revenue estate Thangar within the jurisdiction of Police Post, Nerwa. PW -6 Kamla Nand Constable had been accompanying PW -14 at the time of patrol duty. The police had received secret information against the accused person. The accused person had been cultivating poppy plants in his field in revenue estate Thangar. On receipt of this information, PW -14 Madan Singh H.C. had formed a raiding party. PW -14 had associated PW -1 Sat Pal, Patwari Settlement and PW -12 Prem Chand, Field Kanungo Settlement, in the raiding party. In presence of PWs 1, 6 and 12, the police had proceeded to raid and search the field of the accused person in revenue estate Thangar. The police had found cultivation of poppy plants in field No. 919 of the accused person. The police had collected 608 poppy plants from field No. 919 of the accused person. Five poppy plants had been taken as sample. Sample poppy plants and the rest of the poppy plants had been separately sealed in two packets with seal 'M' and had been taken into possession vide recovery memo, Ex. PW -1/B. The sample poppy plants had been got examined from the Chemical Examiner, who, vide report, Ex. PX, had found the sample examined by him containing poppy plants. Accordingly, case under Section 18 of the NDPS Act was registered against the accused -Respondent.

(3.) PW -1 Sat Pal, Patwari Settlement, PW -6 Kamla Nand Constable, PW -12 Prem Chand, Field Kanungo Settlement and PW -14 Madan Singh had supported the prosecution case. The police had recovered poppy plants from the field No. 919 of the accused person vide recovery memo, Ex. PW -1/B. PW -1 had prepared field map, Ex. PW -1/A of Khasra No. 919. Khasra No. 919 measured 2 bigha 13 biswas. The accused person was found to have been cultivating poppy plants in land measuring 10 biswa of khasra No. 919. Ex. PW -12/A is jamabandi for the year 1991 -92 and Ex. PW -12/B is Khasra Girdwari of khasra No. 919 for the year from 31.10.1992 to 23.9.1995. Khasra No. 919 had been recorded under the joint ownership and possession of so many proprietors including the accused person. PW -14 had prepared special report, Ex. PW -6/C. PW -14 had arrested the accused person having apprised him of the grounds of arrest vide document, Ex. PW -12/C. PW -14 had prepared rough sketch map, Ex. PW -14/A, of the field of the accused person. PW -14 had prepared report, Ex. PW -6/A, FIR, Ex. PW -6/B, had been registered on the basis of report, Ex. PW -6/A, against the accused person.