STATE OF H P Vs. PADAM SINGH

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 in reference to judgment dated 17.10.1996 passed by the Learned Sessions Judge, Shimla, H.P. in Sessions Trial No. 23-S/7 of 1996, under Section 18 of the Narcotic Drugs and Psychotropic Substances Act (in short 'NDPS Act'), acquitting the alleged accused/respondent.

(2.) The prosecution story, in nutshell, is that on 27.3.1996, Madan Singh, Head Constable, conducted a raid in village Mundiah along with Constable Kamla Nand, Prem Chand Kanungo and Satpal Patwari and visited the field of the accused comprised in Khasra No. 919. The demarcation of the said land allegedly was made and after that it was found that 615 poppy plants were grown in the said field by accused Padam Singh. The revenue officials had also prepared the tatima of the said field. The police took the possession of said tatima along with copies of the relevant revenue record. Thereafter, the poppy plants were uprooted and the same were put in gunny bag after retaining five poppy plants, as sample, which were separately put in a sealed parcel. Rukka was prepared and on that basis FIR was registered. A sample of poppy plants was sent to the chemical examiner, Kandaghat, and on receiving the chemical report, it was found that the contents of the sample plants were that of poppy plants. Accordingly, the respondent-accused was charged for the offence under Section 18 of the 'NDPS Act' and the case was committed for Sessions Trial.

(3.) In order to prove its case the prosecution has examined as many as 13 prosecution witnesses. Whereas, the accused through his statement under Section 313 of Cr.P.C., has denied the prosecution case.