STATE OF H.P. Vs. BALAK RAM

JUDGEMENT

(1.) FOR an offence, which is alleged to have been committed on 16.11.1995, accused was put to trial. In terms of judgment dated 11.11.1996 passed by learned Sessions Judge, Mandi, in Sessions Trial No. 15 of 1996 titled as State of Himachal Pradesh v. Balak Ram, accused stands acquitted of the charged offence.

(2.) IT is the case of the prosecution that on 16.11.1995 SI/SHO Krishan Lal (PW -8) along with C. Shankar Ram (PW -3, HC Nihal Singh (PW -9) and other police officials was on patrol duty. They were going towards village Kuthehar in the departmental bus bearing registration No. HID -733. At Kuthehar they found the accused standing outside his shop on the road carrying a lime bag. Seeing the police he tried to escape from there. Police became suspicious and consequently overpowered him. Independent witnesses S/Sh. Bhadru Ram (PW -1) and Sher Singh (PW -2) present at the spot were associated. Option was given to the accused to be searched by the Gazetted Officer, Magistrate or by the police officials present at the spot. Memo (Ext.PA) was recorded to this effect. Accused gave option of being searched by the police official. Krishan Lal first rendered himself to be searched vide memo (Ext.PB). He was searched by the witness. Thereafter Krishan Lal searched the accused and found contraband substance (charas) (Ext.P -3) in the lime bag (Ext.P -4) which the accused was carrying in his right hand. It was weighed and found to be 1 kg. 500 grams. Two samples of 20 gms. each were separated and sealed with seal impression 'A'. Remaining parcel was also sealed. Samples and the contraband substance were taken into possession vide memo (Ext.PC). Accused was informed of his ground of arrest. Rukka (Ext.PG) was sent through C. Shankar Ram (PW -3) for registration of the case on the basis of which FIR No. 155/95 (Ext.PH) dated 16.11.1995 was registered at Police Station Karsog, under Section 20 of the NDPS Act. On the spot Sh. Krishan Lal prepared the site plan. Sealed samples and parcel were deposited in the Malkhana by HC Nihal Singh (PW -9). Special report (Ext.PJ) was sent to the Superintendent of Police, Mandi on 17.11.1995 through C. Shankar Ram. Sample was sent for chemical analysis through C. Dhameshwar Ram and on receipt of the report of the Chemical Analyst (Ext.PO), it was found that contraband recovered was charas. With the completion of investigation challan was presented in the Court for trial.

(3.) IN order to prove its case prosecution examined 9 witnesses. Statement of the accused under Section 313 Code of Criminal Procedure was also recorded.