STATE OF HIMACHAL PRADESH Vs. FRED ROBINSON

JUDGEMENT

(1.) This appeal by State of H.P. is directed against the order of acquittal of the respondent dated 21.7.2000 passed by Sessions Judge, Kullu in Sessions Trial No. 31 of 1998 for offence under Section 20 of the Narcotic and Psychotropic Substances Act, 1985 (hereinafter NDPS Act) and Section 14 of the Foreigners Act, 1946.

(2.) Briefly stated the prosecution case was that in the year 1999 Fred. Robbinson respondent herein a Zambian National visited Kullu as a tourist. On 21.5.1999 District Inspector Sh. Kuldip Chand Rana (PW -9) received a telephonic message that one foreigner was strolling near Himachal Road Transport Corporation Bus Stand, Sarwari who was in possession of brown sugar and speed (Amphetamine) contraband. The said information under Section 42(2) of NDPS Act marked Ext. PW6/A was sent to Superintendent of Police, Kullu. PW -9 then proceeded towards Bus Stand accompanied by other Police Officials, namely, constable Ramesh (PW -8), Suresh and Sohan Lal. At about 3.30 p.m. they had seen the respondent at Bus Stand who on seeing the police party tried to run away. On inquiry, the respondent disclosed his name as Fred. Robbinson, and was traveling without passport. PW -9 asked the respondent whether he wanted to give his search to the police present on the spot or wanted to be searched in the presence of gazetted officer or a Magistrate. The respondent replied that he wanted to give his search in presence of a gazetted officer. The respondent was taken to the office of Superintendent of Police where Sh. Munish Garg, Sub Divisional Magistrate (PW -6) and his Reader Prem Singh (PW -7) were present. The personal search of the respondent was conducted in the presence of PWs 6 and 7. On search of the respondent conducted by PW -9, one pouch was recovered concealed inside the pocket of his underwear and inside the pouch two packets wrapped in polythene wrapper and ordinary paper cover were found. On opening the paper, Brown sugar weighing 9 gms and in the polythene, white powder of 10 gms called as Speed were recovered. Out of 10 gms of Speed two samples of 2 grams each were taken and sealed at the spot separately and the remaining quantity of Speed was also sealed in a separate packet. Two samples of one gram each of Brown sugar were taken which were sealed at the spot in the presence of PWs 6 and 7 and the remaining quantity of brown sugar was also packed and sealed. The underwear of the respondent was also taken into possession and sealed at the spot. The samples were marked Exts. P -5 and P -6. The sal mark K after use was handed over to PW -7. The grounds of arrest were also disclosed to the respondent. PW -9 prepared ruqua Ext. PW -4/A and sent the same through constable PW -8 to the Police Station, Kullu. On the basis of ruqua First Information Report Ext. PW -4/B was recorded by Sh. Nihal Singh (PW -4), Station House Officer, Kullu at 5.30 a.m. The Investigating Officer prepared site plan Ext. PW -9/A and recorded the statements of the witnesses. He produced the property before PW -4 who re -sealed the case property with seal H and thereafter deposited the same with Head Constable Gangbir Singh (PW -2). The Investigating Officer also prepared special report Ext. PW -1/B which was sent to the Superintendent of Police. The case file was handed over to Head Constable Satu Kumar. On receipt of Chemical Examiners report Ext. PW -5/A, Station House Officer Sh. Rulia Ram, PW -5 prepared the challan and presented police report under Section 173 of the Code of Criminal Procedure against the respondent before the learned Sessions Judge, Kullu.

(3.) The learned Sessions Judge found prima facie case against the respondent and framed charge against him under Section 20 of the NDPS Act. The respondent pleaded not guilty to the charge and claimed to be tried.