STATE OF H.P. Vs. AMARJEET

JUDGEMENT

(1.) THE present Criminal Appeal has come up for adjudication after the grant of leave to appeal under Section 378(3) of the Code of Criminal Procedure has been granted in reference to judgment dated 22.8.1997, passed by Learned Sessions Judge, Chamba Division, Chamba, H.P., in Sessions Case No. 13 of 1997, under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'NDPS Act'), acquitting the alleged respondent/accused in reference to FIR No. 177/1996 dated 11.10.1996.

(2.) THE prosecution case, is that, on 11.10.1996 at about 11.00 A.M., ASI Jagjit Singh was on patrolling duty alongwith Amar Singh and Chaman Lal, at the bifurcation of Khairi bridge at Banikhet, he apprehended the accused -respondent on suspicion, and told the accused -respondent that he wanted to search him, after apprising him, that he was entitled to be searched before a Magistrate or a gazetted officer in case he did not want to be searched by the police party. On agreeing of accused -respondent, consenting memo was signed by the accused -respondent and witnesses Amar Singh and Chaman Lal. Thereafter, ASI Jagjit Singh conducted the search of the accused and on search, charas was recovered from inside the socks of the accused which he was wearing at that time. On weighment, 700 grams of charas was found, out of which 10 grams were taken from the said charas and thereafter the said samples and the remaining charas were put in three separate parcels which were sealed with seal impression 'T'. Seizure memo was prepared which was signed by the accused and the witnesses. On 4.3.1997 one sample parcel was sent to chemical examiner, Neemuch (M.P.)

(3.) ON behalf of the prosecution, PW.1 Amar Singh, an independent witness, PW.2 MHC Kartar Singh, PW.3 Head Constable Chatter Singh, PW.4 ASI Anjana Sharma, PW.5 Constable Amar Nath, PW.6 Rajinder Kumar SHO, PW.7 Constable Bhagat Ram, PW.8 Constable Joginder Kumar and PW.9 ASI Jagjit Singh, were examined. Apart from this, the prosecution has placed on record various documents which are Exts.PA to PM. Ex.PA consent memo, while Ex.PB is the seizure memo. Ex.PC is memo regarding the grounds of arrest, while Ex.PD is Rukka. Ex.PE is the special report, Ex.PF is the copy of wireless, Ex.PG is the copy of FIR. Ex.PH is the memo regarding the resealing of the case property. Ex.PJ is the site plan. Ex.PK is the specimen sample of seal. Ex.PL and Ex.PM are the reports of the chemical examiners. Further, during the trial, the prosecution has also produced sealed parcel of charas which is Ex.P1.