STATE OF H.P. Vs. RAJU @ MOHAMMAD

JUDGEMENT

(1.) STATE is in appeal against the judgment of acquittal, dated 3.4.1996, passed by the learned Additional Sessions Judge, Kullu, District Kullu, Himachal Pradesh, whereby the respondents, herein, who shall hereinafter be referred to as the accused, were tried for the offence under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'the Act), were ultimately acquitted.

(2.) BRIEFLY stated, the facts of the prosecution case are that on 5.7.1994 at about 4.30 p.m. SI Shayam Lal (PW -11), who at the relevant point of time, was Additional S.H.O., Police Station, Kullu, was present at Sarbari Bazar on patrol duty alongwith Inspector Shayam Lal and H.C. Bhupender Pal of State C.I.D., Kullu, LHC Pritam Chand and Constable Amar Chand of Police Station, Kullu, received secret information to the effect that accused Raju @ Ali Mohammad was finalizing a deal of Charas at his residence with some businessman of Delhi and in case the residential premises of the said accused were searched immediately, it could lead to recovery of a huge quantity of Charas. In the given circumstances, search warrant could not be obtained for the reason that in such an event, there was every likelihood of the contraband being removed or concealed and evidence of the offence destroyed. At this juncture, a Rukha was prepared and sent to the Police Station through Cosntable Amar Chand. Simultaneously, Dy. S.P. Kullu was also requested to visit the spot. Thereafter S.I. Shayam Lal, accompanied by other police officials, proceeded to the spot. On the way, independent witnesses, namely Amlindu Sharma and Prem Chand were also joined in the raiding party. In the meantime, Dy. S.P. K.K. Indoria, also reached the spot. On reaching there, S.I. Shayam Lal knocked the door of the premises of A -1 Raju @ Ali Mohammad in the presence of witnesses and Dy. S.P. K.K. Indoria. The door was opened by A -1 Raju @ Ali Mohammad. Two other persons were found sitting in the room. On being confronted, the accused disclosed their identity to the Investigating Officer as A -1 Raju @ Ali Mohammad, A -2 Pritam Kumar and A -3 Raj Kumar. They also gave their addresses and other particulars to the police. All the three accused were apprised about the secret information with regard to the alleged contraband, i.e. Charas, in their possession and they were told that the room was required to be searched for that purpose. Thereafter, the search followed. It led to recovery of Charas, kept in a polythene packet. The recovered contraband was weighed and found to be 2 k.g. 100 gms., out of which a sample weighing 50 gms. was taken out for chemical analysis. The bulk and sample were separately sealed in two parcels with seal, bearing impression 'N. The seal used, during the proceedings, was stated to have been handed over to the independent witness, namely Prem Chand. The recovered contraband and sample was taken into possession by the police vide memo Ex. PW -10/A, on which signatures of the independent witnesses were also obtained baesides that of Dy. S.P. K.K. Indoria. After completion of other procedural formalities on the spot, the police party returned to the Police Station. There, the case property comprising of the parcels, containing the bulk of recovered charas and sample thereof were deposited with PW -7, Inspector Paras Ram, who resealed both the parcels with seal, bearing impression 'X.

(3.) ON completion of investigation, the accused were charge sheeted and sent up to face trial. On being charged, they pleaded not guilty and claimed to be tried. The prosecution evidence followed. It examined eleven witnesses in all. On close of prosecution evidence, the accused were examined under Section 313 of the Code of Criminal Procedure (in short 'the Code). Their case in defence was that of total denial, innocence and false implication. Whereas according to A -1, Raju @ Ali Mohammad the case was foisted upon him at the instance of one Jogi Pradhan, who is their landlord and litigation was going on with him , A -2 Pritam Kumar and A -3 Raj Kumar have stated that they were searched by the police in the Police Station, where their antecedents were inquired by the police and their signatures were also obtained on some documents. The accused examined one witness in their defence.