STATE OF H.P. Vs. KAUL RAM

JUDGEMENT

(1.) The present criminal appeal has come up for consideration after the leave to appeal has been granted under Sec. 378(3) of the Code of Criminal Procedure, in reference to judgment dated 25.4.2000 passed by learned Addl. Sessions Judge, Mandi, HP in Sessions Trial No. 6 of 1999, thereby acquitting the Respondent / accused for the offence under Sec. 18 of Narcotic Drugs and Psychotropic Substances Act, 1985.

(2.) The prosecution case is that Puran Chand, Incharge, CIA staff Mandi, Police Station, Sadar, Mandi, sent a rukka through Head Constable Bhag Chand to SHO, Police Station, Balh for registration of a case under NDPS Act, alleging that complainant along with HC Bhag Chand at about 3 PM, on 14.11.1998 was present at Siyan Chowk in a routine patrol duty, where Daulat Ram, resident of Dhaban and Muni Lal, resident of Biharta, coming from Kansa chowk met them. Daulat Ram informed that one person carrying blue colour bag on his shoulder was coming from the side of Kansa chowk towards Dhaban. After sometime, one person coming from the side of Kansa chowk towards Dhaban, was stopped and his search was made. During search, one polythene envelope containing opium wrapped in blue colour shawl kept in the bag was recovered. On weighing, 1 Kg of opium was found from which two samples of 10 gram each were taken and separately sealed for the purpose of chemical analysis and remaining opium was packed in a parcel. All the three packets were duly sealed with seal impression 'A'. Bag and the shawl which contain opium were separately sealed with seal impression 'A' . Seal after use was handed over to Sh. Muni Lal. On investigation, the accused/Respondent was charged for the offence under Sec. 18 of NDPS Act.

(3.) In order to prove its case, prosecution has examined as many as 11 prosecution witnesses, namely, PW -1 Muni Lal, PW -2 Girdhari Lal, PW -3 Daulat Ram, PW -4 Bhupinder Pal, PW -5 Dewan Chand, PW -6 Khem Chand, PW -7 Noor Mohammad, PW -8 Bhag Chand, PW -9 Puran Chand, PW -10 Vinod Kumar Dhawan and PW -11 Kali Dass, whereas, through his statement under Sec. 313 Cr.P.C, accused/ Respondent denied the prosecution case.