STATE OF H.P. Vs. NARESH KUMAR

JUDGEMENT

(1.) FOR an offence, which is alleged to have been committed on 8.12.1999, accused was put to trial. In terms of judgment dated 3.10.2000 passed by Special Judge (Sessions Judge), Kangra at Dharamshala, in Sessions Case No. 9 -N/VII/2000, titled as State of H.P. v. Naresh Kumar Sessions Case No. 9 -N/VII/2000, accused stands acquitted of the charged offence.

(2.) IT is the case of prosecution that on 8.12.1999, at about 6.P.M., Inspector Surinder Singh (PW.15) was on patrolling duty at Mohtli Ramp along with other police officials. Accused was suspected of carrying contraband substance. Independent witnesses Suresh Kumar (PW.1) and Desh Bandhu (PW.2) were associated and PW.15 apprised the accused of his right of being searched before the police officials, Gazetted Officer or Magistrate. Vide consent memo Ex.PA, accused gave his consent of being searched by Inspector Surinder Singh. Search was carried out in the presence of independent witnesses. In the right pocket of the Windcheater, worn by the accused, a polythene bag was recovered from which charas like substance in different shapes was recovered, which upon weighing was found to be 350 grams. Sample of 25 grams was taken, which along with the remaining stuff was sealed in two different parcels with seal impression 'K'. Seal was handed over to Sh. Suresh Kumar (PW.1). Recovery was effected vide memo (Ex.PD). Rukka (Ex.PH) was sent to Police Station, where FIR No. 263/99 dated 8.12.1999 (Ex.PF) under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, was registered with Police Station, Indora. Information about search and recovery was sent to superior officers. Sealed sample was deposited in the Maal Khana of the Police Station and thereafter sent for chemical analysis and report Ex.PQ/1 of the chemical examination obtained. With the completion of investigation, challan was presented in the Court for trial.

(3.) IN order to prove its case, prosecution examined 15 witnesses and statement of the accused under Section 313 Code of Criminal Procedure was also recorded in which he took up the following defence: