STATE OF HIMACHAL PRADESH Vs. HARJINDER SINGH

JUDGEMENT

(1.) THE present criminal appeal has come up for consideration after the leave to appeal has been granted under Section 378(3) of the Code of Criminal Procedure, in reference to judgment dated 3.8.2002 passed by learned Sessions Judge, Bilaspur, HP in Sessions Trial No. 17 of 2001 thereby acquitting the Respondent / accused for the offence under Section 20 of Narcotic Drugs and Psychotropic Substances Act, 1985 ( in short 'Narcotic Drugs and Psychotropic Substances Act ').

(2.) THE prosecution case, in brief, is that the accused/respondent was apprehended on 16/17. 7.2001 by the police team consisting of S.I. Desh Raj (PW -9) along with H.C. Diwan Chand (PW - 8) and Constable Rakesh Kumar. The Respondent/accused was taken out from Bus No. HP -42 - 792 belonging to H.R.T.C, which was running from Udaipur to Delhi. On checking, it was found that 50 passengers were traveling in the bus and the accused/respondent was found carrying plastic bag near his legs while sitting on seat No. 16. On search 'Charas ', wrapped in a black coloured cloth, was recovered from the bag, which on weighment was found 1 Kg 900 grams. Out of which two samples of 25 grams each were taken, put into a parcel and sealed with seal impression 'T '. The remaining 'Charas ' was put into the same shawl, cloth and plastic cover were wrapped in a cloth parcel and sealed with seal impression 'T '. The seal impression was taken separately as Ext PE. Seizure Memo Ext PA was prepared. Rukka Ext PG was sent to Police Station for registration of the case. Sample of 'Charas was sent to Chemical Examiner and after investigation, the accused/respondent was charged for the aforesaid offence.

(3.) ON the scrutiny of the prosecution witnesses and material on record, we notice that Manoj Kumar and Manpreet Singh including driver Kanshi Ram were present on the spot, whereas the driver Kanshi Ram was not examined. Only conductor Roop singh (PW -1) and Manpreet Singh (PW -7) were produced. PW -1 stated that at the relevant time, he was working as conductor with the said bus, which was being driven by Kanshi Ram, driver and the said bus was going from Udaipur to Delhi. As per testimony of PW -1, accused/respondent was sitting on seat No. 16 and one polythene envelope was lying near the legs of accused containing one black coloured shawl and black cloth, from which 'Charas ' in the form of 'Sticks ' wrapped in the clothes was recovered. However, PW -1, in cross -examination has stated that when the police party entered the bus, he was standing near the window and watching the search made by the police and during search, driver of the bus left his seat and came out of the bus. PW -1 has also stated that the police came out of the bus and the envelope was in the hands of S.I. At that time, accused/respondent was saying that he is being falsely implicated.