STATE OF H.P. Vs. ASHWANI KUMAR

JUDGEMENT

(1.) FOR an offence, which is alleged to have been committed on 12.2.1998, accused was put to trial. In terms of judgment dated 14.3.2000 passed by learned Special Judge, Kangra at Dharamshala, in Sessions Case No. 19 -P/VII/98 titled as State of H.P. v. Ashwani Kumar, accused stands acquitted of the charged offence.

(2.) IT is the case of the prosecution that on 12.2.1998 SI Vinod Kumar (PW -8) was on patrol duty along with ASI Dina Nath (not examined), HC Trilok Chand (PW -3) and other police officials at Bus Stand, Baijnath. At about 3.30 P.M. accused saw the police and tried to slip away from the spot. Independent witness Sh. Pardeep Kumar (PW -4) was associated and accused was apprehended. Accused was given an option of being searched in the presence of the police officer, Gazetted Officer or Magistrate. He expressed his desire to be searched by the Gazetted Officer and was accordingly taken to the Dy.SP Hari Chand (PW -7) who was close by. There accused exercised his option in writing (Ext.PE). Upon being searched in the presence of S/Sh. Pardeep Kumar (PW -4) and Ramesh Kumar (PW -1), it was found that accused was carrying a polythene envelop in the pocket of his coat which contained charas like substance in the form of Batties. Same was weighed and found to be 540 grams. Two samples of 25 grams each were taken by the police and remaining parcel was sealed separately. Seal impression 'A' was put on all the parcels and seized vide recovery memo (Ext.PA). SI Vinod Kumar (PW -8) sent rukka (Ext.PH)to the Police Station for registration of the case. On the basis of report F.I.R. No. 17/98 (Ext.PC) dated 12.2.1998 under Section 20 of the NDPS Act was registered with Police Station, Baijnath by HC Piare Lal (PW -5). SI Vinod Kumar completed the investigation at the spot. Sample of charas was sent through Constable Milap Chand (PW -6) to the Chemical Examiner at Kandaghat, who gave his report (Ext.PQ) showing that the contraband substance was in fact charas. With the completion of investigation challan was presented in the Court for trial.

(3.) IN order to prove its case prosecution examined 8 witnesses and the statement of the accused under Section 313 Cr.PC was also recorded.