STATE OF HIMACHAL PRADESH Vs. KHEM CHAND

JUDGEMENT

(1.) State has appealed against the judgment dated 28th March, 2000 of learned Sessions Judge, Kullu, whereby respondent, Khem Chand, who had been tried for an offence under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, has been acquitted.

(2.) Case of the prosecution is that on 11.10.1996 when PW-9 Inspector, Sanjeev Lakhanpal was present in Gandhi Nagar locality of Kullu town, he received information that a man with charas was going towards Bhuntar on a scooter from Jari side and he has planned to sell that charas at Bhuntar. Written report on the basis of information received by PW-9, Sanjeev Lakhanpal was prepared, which is Ex.PW-6/A1 and it was despatched to Police Station, Kullu for registration of case. Case was registered vide F.I.R. Ex.PW-6/B. Thereafter raiding party was formed by PW-9, Inspector, Sanjeev Lakhanpal. PW-1 Guru Dutt and PW-2, Kamla Devi were associated as independent witnesses. Naka was organized at a place called Hathi Than. Around 9.30 a.m. respondent appeared alongwith a bag. That bag was searched and charas weighing 2 Kgs. 250 Grams was recovered. Two samples each weighing 25 grams were separated from the recovered stuff. Samples and the bulk were made into separate parcels and the same were sealed with a seal that produced impression of letter "D" of English alphabet.

(3.) Case property was produced to the S.H.O., who affixed his own seal on all the three parcels. One sample parcel alongwith N.C.B. Form was then returned to PW-9, Sanjeev Lakhanpal, who sent the same alongwith N.C.B. form to Chemical Laboratory through Constable Shiv Ram, PW-8. Another sample was sent to Central Forensic Science Laboratory, Chandigarh by PW-5, Head Constable Sato Kumar, Incharge, Malkhana through ASI Moti Ram. The Central Forensic Science Laboratory, Chandigarh vide report Ex.PW-9/F opined that the sample was of charas.