STATE OF HIMACHAL PRADESH Vs. NARESH KUMAR

JUDGEMENT

(1.) FOR an offence, which is alleged to have been committed on 2/3rd May, 2001, accused was put to trial. In terms of judgment dated 12.10.2001 passed by learned Sessions Judge, Bilaspur, H.P., in Sessions trial No. 14 of 2001 titled as State of H.P. vs. Naresh Kumar, the accused stands acquitted of the charged offence.

(2.) IT is the case of the prosecution that in the intervening night of 2/3rd May, 2001, accused was travelling in Bus No.HR-55-8086 from Manali to Delhi. He was sitting on seat No.47. The said Bus was checked at Kenchi-Mor near Sawarghat by ASI Rajinder Singh (PW-7), H.C. Raghubir Singh, C. Daulat Ram, C.Madan Gopal (PW-2). A bag which the accused has kept on his lap was searched by the police. Three packets of contraband substance, two shirts and one pant were recovered therefrom. Accused was asked to alight from the Bus. Madan Gopal (PW-2) was asked to bring the scales and weights from the nearby shop owned by Madan Lal. Upon weighing the contraband substance was found to be 2 kg. and 500 gms. Two samples each of 25 gms. were taken out of the three packets of contraband substance recovered from the bag. Thus in all six samples were sealed with seal impression 'A'. The remaining contraband substance was packed into three separate cloth parcels and also sealed with seal impression 'A'. The contraband substance was seized vide seizure memo Ext.PA. NCB form (Ext.PL) was filled up on the spot, accused was arrested and Rukka (Ext.PE) sent through C. Daulat Ram to Police Station Kot Kehloor where FIR No. 77 of 2001 (Ext.PF) dated 3.5.2001 under Section 20 of Narcotic Drugs Psychotropic Substances Act, 1985 (hereinafter referred to as the Act) was registered. Separate report (Ext.PG) was sent through C. Madan Gopal to Superintendent of Police, Bilaspur. The statements of the witnesses were recorded. The sealed samples were deposited at the police Station with MHC Surinder Paul (PW-3) and sent to the Chemical Examination Laboratory vide road certificate No.43/2001 through C. Shyam Lal (PW-4). The report of the Chemical Examiner was obtained which showed that the contraband substance was Charas. With the completion of investigation challan was presented in the Court for trial.

(3.) THE Court below has acquitted the accused of the charged offence, hence the present appeal.