STATE OF H.P. Vs. JETHI DEVI

JUDGEMENT

(1.) FOR an offence, which is alleged to have been committed on 4.4.1999, accused was put to trial. In terms of judgment dated 1.1.2000 passed by learned Addl. Sessions Judge, Mandi, in Sessions Trial No. 18 of 1999 titled as State of H.P. v. Jethi Devi, accused stands acquitted of the charged offence.

(2.) IT is the case of the prosecution that on 4.4.1999 at about 11.15 A.M. Sh. Jagat Singh (PW -1), H.C. Incharge Police Post, Bali Chowki was on his way to Police Station Aut to collect his salary for the month of March, 1999. At Zero point Bali Chowki PW -1 was waiting for a bus. When the bus came he noticed 2 - 3 persons alighting from the same. Jethi Devi (accused) who was carrying a bag (Ext.P2) on her shoulder was one of them. Noticing the police she became nervous. Under suspicion she was questioned by PW -1 and disclosed her name as Jethi Devi. PW -1 became suspicious that accused may be carrying some contraband substance, therefore, he asked Sh. Parkash Chand (PW -4)who also happened to be there to call for two female independent witnesses. Accordingly Smt. Chuni Devi (PW -2) and Smt. Rukmani Devi (PW -3) were called at the spot. Accused was given an option of being searched before the Magistrate, police official or Gazetted Officer. She gave her option of being searched by the police official vide memo Ext.PW -1/B. Upon search it was found that in the bag accused was carrying contraband substance, which upon weighment was found to be 1900 grams. Two samples of 20 grams each of charas were taken and sealed vide seal impression 'H'. Remaining sample was also sealed and taken into possession vide recovery memo Ext.PW -1/E. Sealed sample was sent to the Police Station. On the basis of the rukka, F.I.R. No. 37/99 dated 4.4.1999 under Section 20 of the NDPS Act was registered with Police Station, Aut. Sealed samples were sent for Chemical Analysis to the Chemical Examiner who gave his report (Ext.PX). Accused was arrested on the spot. With the completion of investigation challan was presented in the Court for trial.

(3.) IN order to prove its case prosecution examined 10 witnesses and the statement of the accused under Section 313 Cr.PC was also recorded.