STATE OF HIMACHAL PRADESH Vs. PARMA NAND

JUDGEMENT

(1.) FOR an offence, which is alleged to have been committed on 3.10.2000, accused was put to trial. In terms of judgment dated 29.11.2001 passed by learned Sessions Judge, Mandi, in Sessions Trial No. 3 of 2001 titled as State of H.P. v. Parma Nand, accused stands acquitted of the charged offence.

(2.) IT is the case of the prosecution that HC Jagat Singh (PW -11), was going from Thachi to Bagi Bhanwas along with LHC Narpat Kumar (PW -7), HC Shanti Kumar (PW -3) and Narinder Kumar, in connection with patrolling duty. When they reached near the shop of one Chainu Ram, they saw the accused carrying a bag on his shoulder. Seeing the police party, he tried to run away from the spot. However police officials apprehended him. Inder Singh (PW -2), an independent witness also happened to be there who was requested by the police to associate in the investigation. PW -11 also deputed PW -6 to call an elected member of the ward of the area. Accordingly, Kurum Dev (PW -1), the elected member of the ward of the area was contacted by PW -6 and requested to associate with the police party. On inquiry, accused informed his name to be Parma Nand, resident of village Bala. The accused was informed that the police suspected him of carrying some contraband substance. PW -11 informed the accused of his right of being searched in accordance with the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the 'Narcotic Drugs and Psychotropic Substances Act ') and memo (Ext.PB) was served upon him. Accused consented to be searched by PW -11. The bag carried by the accused on his shoulder was searched and polythene packet containing charas like substance in the shape of batties and balls was recovered. On the asking of PW -11, PW -6 brought the scales from the nearby shop. Contraband substance was weighed and on weighment found to be of 550 gMs. Police took photographs on the spot. Two samples of 25 grams each were taken separately. Remaining contraband and the sample were sealed with seal impression 'H '. Specimen of seal impression was taken separately (Ext. PR) and seal handed over to PW -1 vide memo Ext. PD. PW -11 also prepared rukka (Ext. PS) and sent the same through H.C. Shanti Kumar (PW -3) for registration of the case. On the basis of rukka, F.I.R. No. 103/2000 (Ext.PL) under Section 20 of the Act was registered at Police Station, Aut. On the spot police arrested the accused after serving memo (Ext. PF) and codal formalities were completed. Thereafter, PW -11 handed over the case property to Dy. SP Ms. Shubhra Tiwari (PW -5) who resealed the sample with seal impression 'T '. The same was thereafter handed over to MHC Naresh Kumar (PW -7). Special report (Ext. PO) was also sent to the superior officer. Sealed sample was taken by Hoshiar Singh (PW -4) to the C.T.L., Laboratory, Kandaghat, from where report (Ext. PQ) was obtained, which confirmed the contraband substance to be charas.

(3.) ACCUSED was charged for having committed an offence punishable under Section 20 of the Act, to which he did not plead guilty and claimed trial.