STATE OF H.P. Vs. PRITHVI SINGH

JUDGEMENT

(1.) HEARD learned Counsel for the parties.

(2.) PRESENT appeal has arisen after leave to appeal has been granted under Section 378 of the Code of Criminal Procedure in reference to order, dated 13.6.1996, passed by the learned Additional Sessions Judge, Kullu in Sessions Trial No. 1/96, under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

(3.) ON the basis of the ruka, formal FIR Ex. PW -2/A was recorded and the file was sent to the I.O. through constable Kanhaya Lal itself. The recovered charas and the sample parcel then were taken into possession vide recovery memo Ex. PW -12/D whereas the personal belongings of the alleged accused accused were taken into possession vide recovery memo Ex. PW -12/D, whereas the personal belongs of the accused were taken into possession vide recovery memo Ex. PW -12/G. The grounds of arrest were also made known to the alleged accused vide memo Ex. PW -12/F. The alleged accused was then arrested on the spot. After completion of the investigation on the spot, the alleged accused alongwith the case property was produced before Tehsildar, Banjar in his office, who re -sealed the parcels with seal 'K' and thereafter returned the parcels containing the case property to the police. The case property thereafter was deposited by the investigating officer with MHC, Police Station, Banjar for safe custody in Malkhana. The wife of the alleged accused is also stated to have been informed regarding the arrest of the alleged accused. It is also the case of the prosecution that on 21.10.1995, the investigating officer has prepared the special report in this case and forwarded the same to the S.P., Kullu through LHC Lal Singh. One of the sample parcel was sent for analysis to CTI, Kandaghat on 20.10.1995 and after having received the report Ex. PW -12/K from the Lab, the police has prepared the challan and filed the same in the court.