STATE OF H.P. Vs. RAM KUMAR

JUDGEMENT

(1.) THE present criminal appeal has come -up for consideration after leave to appeal under Section 378(3) of the Code of Criminal Procedure has been granted, in reference to the impugned judgment dated 25.2.1997, passed by learned Sessions Judge, Sirmaur District at Nahan, H.P. in Sessions Trial No. 39 -N/7 of 1996, whereby accused -respondent has been acquitted for the offence, under Section 15 of the ND&PS Act, in reference to FIR No. 22/1995, dated 18.11995.

(2.) THE prosecution case is that on 18.1.1995 bus No. HP -18 -3501 coming from Ambala Cantt met an accident with a Van. Consequently, traffic on the road was jammed, on this information the police Head Constable Mohinder Singh along with other Constable and Shri Raj Kumar, the Chief Inspector and Conductor of the HRTC Prem Chand came to the spot. In the meantime, Inspector Rajesh Dharmani, the SHO/Inspector of Police Station also came there and traffic on the road was regularized. However, at about 7.00 P.M. when the police party was carrying out the investigation about the said accident, respondent -accused came there on a scooter No. HR -01 -3414 and when he reached near the accidental bus, he could not control the scooter and fell down. A bag kept by him on the foot -mat of the scooter also fell down and some plastic envelopes came out of that bag. As such, police Inspector Rajesh Dharmani and others present there were attracted towards the scooter of the respondent -accused and it was found that the bag contained ten small polythene envelopes with poppy straw. Arranging for weighing one Kg. of Poppy straw was deducted and after taking samples of 100 grams from each of the envelopes, the samples and the remaining contraband goods were packed and sealed in separate packets and taken into possession in presence of the witnesses. Accused was arrested and was charged for the offence punishable under Section 15 of the ND&PS Act and the case was committed to Sessions Court.

(3.) OUT of the nine witnesses, the prosecution examined only Shri Raj Kumar (PW -1), Prem Chand (PW -4) H.C. Mohinder Singh (PW -2) and Inspector Rajesh Dharmani (PW -3) who are the witnesses to the recovery of the incriminating material from the accused -respondent. The other witnesses S.I. Chatter Singh (PW -5) had recorded the FIR Ext.PC/1 on the Rukka Ext.PC sent by Inspector Rajesh Dharmani. He had also allegedly resealed the packets with seal 'T' and then handed over the case property to MHC Kundan Singh. Head Constable Amarjit Singh (PW -6) has proved the signatures of the Addl. S.P., Nahan on the special report Ext.PJ on 18.1.1995 at 11.55 P.M. PW -7 Constable Sita Ram and PW -8 Constable Bakhtawar had taken samples of the incriminating material to the Chemical Examiner, Kandaghat and Bharari, respectively. Similarly, H.C. Kundan Singh (PW -9) had kept the case property with him at Police Station, Nahan and handed it over to the Constable Sita Ram and Constable Bakhtawar Singh, respectively for their carrying to the Chemical Examiners. They have placed on record their respective affidavits Exts.PL, PM and PN and thus are formal witnesses.