STATE OF HIMACHAL PRADESH Vs. MOHAN LAL

JUDGEMENT

(1.) FOR an offence, which is alleged to have been committed on 14.10.1998, accused was put to trial. In terms of judgment dated 10.9.1999 passed by learned Sessions Judge, Kangra at Dharamshala, H.P., in Sessions Case No. 7 -F/VII/99 as State of H.P. v. Mohan Lal Sessions Case No. 7 -F/VII/99 accused stands acquitted of the charged offence.

(2.) IT is the case of the prosecution that on 14.10.1998 at about 4.30 p.m., Inspector Sanjay (PW -7), S.H.P., Police Station, Baijnath, alongwith other police officials were present at Bus Stand Chowk, Baijnath. There he saw accused standing with a green bag on his shoulder. Seeing the police accused tried to run away towards the Bus Stand and thus on suspicion was apprehended. PW -7 suspected that accused may be carrying some contraband substance. Accordingly in the presence of independent witnesses Sudhir Katoch (PW -1), Harish Kumar (PW -2) and Hans Ram, inquiries were made from the accused, who disclosed his name as Mohan Lal. Thereafter PW -7 sent intimation (Ext.PW -3/A) to superior office (SDPO, Baijnath). Option (Ext.PW -1/A) for search was given to the accused to which, in writing (Ext.PW -1/B) he offered himself to be searched in the presence of a gazetted police officer. PW -7 accordingly informed DSP Bashir Khan (PW -3) who arrived at the spot and in the presence of independent witnesses personal search of the accused was carried out. Memo Ext.PW -1/C was prepared in this regard. On search it was found that accused was carrying Charas like substance in the shape of "Battis". Scales from the shop of Shiv Kumar were brought and on weighing contraband substance was found to be 1 kg. and 240 gms. Two samples of 20 gms. each were taken out from the contraband substance and sealed with seal impression 'S'. Remaining substance was also packed and sealed with the same seal impression. Seizure memo (Ext.PW -1/D) was prepared in the presence of independent witnesses. Rukka (Ext.PW -4/A) was sent through Constable Tilak Raj to the Police Station, on the basis of which HC Pyare Lal (PW -4) registered FIR (Ext.PW -4/B) under Section 20 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to NDPS Act), at Police Station, Baijnath. Accused was arrested and grounds of arrest conveyed to him vide memo Ext.PW -7/B. Further necessary investigation on the spot was carried out. Sealed parcels were deposited by PW -7 in the Police Station and two sealed samples were sent to the Chemical Examiner through C. Parveen Singh (PW -5), who deposited the same and got receipt thereof. Copies of Special report (Ext.PW -3/B) were sent to the superior officer. Report of the Chemical Examiner (Ext.PW -7/E) confirmed that narcotic substance was Charas. With the completion of investigation, challan was presented in the Court for trial. Accused was charged for having committed an offence punishable under Section 20 of NDPS Act, 1985. In order to prove its case prosecution examined seven witnesses and statement of the accused under Section 313, Code of Criminal Procedure was recorded wherein he took the following defence:

(3.) IN defence accused also led evidence and examined six witnesses.