STATE OF H.P. Vs. NARAIN SINGH

JUDGEMENT

(1.) THE present criminal appeal has come up for consideration after leave to appeal under Section 378(3) of the Code of Criminal Procedure has been granted in reference to the impugned judgment dated 19.5.2000, passed by the learned Sessions Judge. Sirmaur, District at Nahan, in Sessions Trial No. 12 -ST/7, acquitting the alleged accused for the offence under Sections 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short Act) in reference to FIR No. 475/99.

(2.) THE Prosecution case is that on 25.11.1999, ASI Dave Ram alongwith his police staff and two independent witnesses Khursheed Ahmad and Surinder Kumar were present at bus stand, Paonta Sahib, at about 4.30 p.m. in connection with patrol duty, where they apprehended Narain Singh accused/Respondent and on his search, contraband goods from a bag carried by him on his shoulder was recovered. Out of the recovered contraband, two samples of 25 grams each were separated and sealed with seal 'R' and taken into possession vide recovery memo Ex.PA in presence of the witnesses. After completion of the investigation the accused was charged for the aforesaid offence.

(3.) PW -1 Surinder Kumar and PW -2 Khursheed Ahmed were associated as independent witnesses by ASI Dave Ram while making search of the accused -Respondent. However, both the witnesses have denied the presence of the accused on the spot and have also denied that anything was recovered from the accused/Respondent. PW -1 Surinder Kumar further has denied that the seal after use was handed over to him. As such both the independent witnesses have not supported the prosecution case and were declared hostile. PW -3 HC Ramesh Kumar to whom the case property was deposited by the SHO on 25.11.1999 after resealing it. PW -4 constable Sarup Singh took the sample for analysis to Chemical Examiner, Kandaghat. PW -5 constable Suresh Kumar had brought the special report to S.P. Office, Nahan on 26.11.1999. PW -6 HC Tej Ram had received the special report Ex.PD in the S.P. office on 26.11.1999 and presented it before the S.P. Nahan.