STATE OF HP Vs. KESHAV THAKUR

JUDGEMENT

(1.) This appeal by the State is directed against the judgment dated 24.3.1999 delivered by the learned Sessions Judge, Kullu in Sessions Trial No.32/97 whereby he acquitted the accused of having committed offences punishable under Sections 18 and 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter, referred to as the `Act').

(2.) The prosecution case, in brief, is that on 8.11.1996 PW/11 Inspector Kuldeep Chand was on patrolling duty with Head Constable Naresh Chand, Head Constable Lal Chand, Constable Ramesh Chand and Constable Sanjeev Kumar. At about 5.00 p.m when they were crossing from Shanag Bagicha towards Shanag Village, they saw the accused coming from the opposite side. The accused was carrying a trunk in his hand. On seeing the police party, the accused turned back and tried to run away. This aroused the suspicion of the police officials who over-powered the accused. On questioning, he disclosed his name as Keshav Thakur. The trunk was checked. Inside the trunk, one polythene envelope was found. The polythene envelope was seized by the police and on checking, it was found to contain charas in the shape of tablets and sticks. On weighing, the charas was found to be three and half kgs. Inside the trunk, another polythene packet was found which contain opium and on weighing, the opium was found to be 150 grams. Two samples of 25 grams each were drawn from the charas and two samples of 10 grams each were taken out from the opium. The samples and the remaining charas as well as the bulk opium and the samples were sealed in separate parcel, i.e., six parcels in all, (three of opium and three of charas). These parcels were sealed with seal `T'. Seal impression was obtained separately also. The NCB form was also prepared at the spot. The recovered charas and opium were taken into possession vide recovery memo Ext.PD. Thereafter, the accused was apprised of the commission of the offence and was arrested vide memo Ext.PE. Ruqua Ex.PA was prepared and sent to Police Station, Kullu for registration of FIR. Site Plan Ext.PF was also prepared at the spot. After completing other formalities, the police party returned to the police station and the case property was deposited with Head Constable, Sita Ram (PW/6) who kept the same with him. Thereafter, he handed over the case property to Head Constable, Surinder Kumar (PW/8).

(3.) On 1.4.1997 PW/8 Surinder Kumar sent two sealed parcel with NCB form and sample of seal through constable Jitender Kumar, PW/7 to the CSFL, Chandigarh. Thereafter, vide report, Ext.PG, one of the sample was found to contain charas and the second sample was found to be that of opium. On the basis of this evidence, challan was filed against the accused who pleaded not guilty. After trial, the accused has been acquitted by the learned Trial Court. Hence the present appeal by the State.