STATE OF HIMACHAL PRADESH Vs. RAMESH KUMAR

JUDGEMENT

(1.) State has filed this appeal seeking reversal of the judgment dated 21.11.2006 of the learned Special Judge, Fast Track Court, Kullu in Sessions Trial No. 82 of 2004, whereby respondent, who was charged with and tried for offence punishable, under section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, has been acquitted.

(2.) CASE of the prosecution, in a nutshell, is that on 7.1.2004 at 7.00 A.M., Station House Officer PW -9 Daya Sagar alongwith Head Constable Sandeep Kumar (PW -4), Head Constable Hari Singh and HHC Jia Lal was present between Sairopa and Deori. A person was found coming from Sairopa side and he was on his way towards Deori. He got perplexed. He was questioned by PW -9 Daya Sagar. He disclosed his name to be Ramesh Kumar. PW -9 Daya Sagar associated Head Constable Sandeep Kumar and Head Constable Hari Singh as witnesses. PW -9 gave his personal search to the respondent and memo Ex.PW -2/A to this effect was prepared. Respondent was apprised of his right either to be searched in the presence of Magistrate or Gazetted Officer. He consented to be searched by the Police Officer vide consent memo Ex.PW -2/B. During the course of search of the person of respondent, one polythene envelope was found concealed inside the jacket by him. The envelope was opened and it contained charas in the shape of sticks. The recovered charas was weighed with the aid of scale and weights and it was found to be 500 grams. Two samples of charas 25 grams each were separated from the recovered charas. These samples were sealed in separate parcels. Remaining charas was put in the same polythene and was sealed in a parcel. Three seal impressions of alphabet ˜T were affixed on each parcel. Sample seal impressions ˜T were obtained separately. NCB forms in triplicate were filled on the spot. The seal after use was handed over to witness Sandeep Kumar. A seizure memo Ex.PW -2/D was prepared on the spot. HHC Jia Lal handed over the Rukka at Police Station, Banjar to ASI Lekh Ram. In sequel thereto, FIR was registered. Case property was deposited at Police Malkhana with MHC of Police Station, Banjar. Special report was prepared by PW -9 Daya Sagar and the same was presented by him to the Additional Superintendent of Police on 8.1.2004. MHC Chaman Lal handed over one sealed sample alongwith NCB form in triplicate, sample seal impression ˜T and other documents to constable Dalip Kumar vide RC No. 6/2004 with a direction to deposit the same at CTL, Kandaghat. Constable Dalip Kumar deposited the aforesaid articles at CTL, Kandaghat. The report of the CTL, Kandaghat is Ex.PW -8/A. According to this report, sample contained the contents of charas. After the investigation of the case, challan was put up in the Court after completing codal formalities, under section 207 of the Code of Criminal Procedure.

(3.) MR . Rajinder Dogra, learned Additional Advocate General has strenuously argued that the prosecution has proved its case against the respondent -accused.