STATE OF H.P. Vs. MAN SINGH

JUDGEMENT

(1.) This appeal by the State is directed against the judgment dated 2.11.1998 delivered by the learned Sessions Judge, Shimla in Sessions Trial No. 13-S/7 of 1998 whereby he acquitted the accused of having committed an offence punishable under Section 20 of the Narcotic Drugs and Psychotropic substances Act, 1985 (hereinafter referred to as the NDPS Act).

(2.) The prosecution story in brief is that on 21.2.1998 Head Constable Rajinder Singh PW-2 of C.I.A. staff Shimla along with five constables, namely, Jagdish Chand, Narinder, Rajinder Singh, Budhi Singh and Jagdish had gone towards Lower Bazaar in connection with routine patrolling. They were ascending the stairs from the Lower Bazaar which lead towards Jain Dharamshala. The accused was descending the same stairs. He was carrying a bag Ext.P-2. On seeing the police officials the accused turned back and tried to run away. This aroused the suspicion of the police party and the accused was asked to stop and apprehended by the police officials. Two persons, namely, Rajeev Arora and Jagdish Chand who were also climbing the aforesaid stairs were associated with the search. The accused was given an option of being searched by the police officials, a gazetted officer or a Magistrate. The accused opted to be searched by the police officials vide memo Ext.PA. Thereafter, PW-2 Rajinder Singh and other members of the police party got themselves searched and memo in this behalf Ext. PB was prepared. Then the bag being carried by the accused was searched. On its search, charas was recovered. The charas was weighed and it was found to be 1 k.g. 250 gms. Two samples of 50 gms. each were drawn from the bulk charas. The two samples and bulk charas were sealed in three separate parcels and sealed with seal 'A'. The seal was handed over to Sh. Rajeev Arora. Search and seizure memo Ext.PC was prepared in this behalf. Thereafter, the accused was informed about the grounds of his arrest vide memo Ext.PD and thereafter he was arrested. Report Ext.PE was sent to the Police Station in this behalf. On the basis of this report FIR Ext.PF was lodged. The police officials thereafter prepared a site plan and completed other formalities on the spot. The case property was deposited with ASI Ambia Ram who was officiating as SHO on the said date. The said official also affixed his own seal 'H' on the parcel. Special report Ext.PG was also sent to the Superintendent of Police. One of the samples was sent to the Chemical Examiner who then gave his report Ext.PJ/1 and found that the sample was of charas. Thereafter, challan was filed in the Court. The accused was charged with having committed an offence as aforesaid. He pleaded not guilty and claimed trial. The learned trial Court has acquitted the accused mainly on the ground that the report of the Chemical Examiner Ext.PJ/1 has not been connected with the sample taken from the bulk charas.

(3.) The only question to be decided is whether the chemical report has been linked with the stuff seized from the accused or not.