STATE OF HP Vs. HAFIZ

JUDGEMENT

(1.) This appeal by the State is directed against the judgment dated 25.5.1999 delivered by the learned Sessions Judge, Chamba, H. P., in Sessions Case No. 5 of 1999, whereby he acquitted the accused of having committed an offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the Act').

(2.) The prosecution story in brief is that on 21.11.1998 PW-11 SI Babita Rana along with PW-2 Constable Amin Chand and Constable driver Shyam Lal (not examined) had laid a Naka at Meru Nallah. According to her, PW-1 Piar Chand and one Subhan had also been joined in the Naka. At about 5.30 a.m. in the morning of 22.11.1998 one person was coming from Khedi side. On seeing the police personnel he tried to run away. Constable Amin Chand overpowered him and brought him before PW-11. Thereafter the accused was given option of being searched by PW-11 and on search a polythene packet wrapped in a handkerchief was found in the bag of the accused. Inside this polythene packet there was another polythene packet which contained charas. On weighment the charas was found to be 620 gms. Two samples of 25 gms. each were drawn out of the charas. Thereafter the bulk charas and the two samples were sealed in three separate parcels with seal `A'. The sample of the seal impression was also taken into possession. The accused and the witnesses signed the seizure memo Ext.PB whereby the charas was taken into possession. PW-11 thereafter sent a wireless message Ext.PJ to Superintendent of Police, Chamba and also prepared rukka Ext.PF and sent the same for registration of the case through Constable Amin Chand to Police Station, Kihar. On the basis of this rukka, F.I.R. Ext.PK was registered. Thereafter, PW-3 Ajay Singh, Dy.SP came at the spot and carried out further investigation. He prepared the site plan and recorded the statements of the witnesses. Thereafter, the accused was arrested after he was informed about the grounds of his arrest vide memo Ext.PC. Dy. S.P. also re-sealed the three parcels by affixing seal `H' on the same. According to PW-11, thereafter she went to Police Station, Kihar and deposited the case property with PW-6 MHC Des Raj. Special report Ext.PH was also sent to Superintendent of Police, Chamba on 23.11.1998. One sample was sent to the C.T.L. Kandaghat and vide report Ext.PL it was opined that the samples were of charas. Hence the challan was filed in Court.

(3.) The learned trial Court acquitted the accused on the grounds that the recovery has not been proved since the independent witnesses did not support the prosecution; that the consent of the accused had not been taken in compliance of Section 50 of the Act; thirdly that the presence of Amin Chand at the spot was doubtful and lastly that the prosecution had failed to adduce strict proof.