PAWAN KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE Appellant is aggrieved by judgment dated 7.9.2009 passed by learned Special Judge, Bilaspur in Sessions trial No. 1 of 2009.

(2.) THE brief facts of the case are that Appellant was tried for offence punishable under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'Act ') on the allegations that on 2.10.2008 the police party consisting of P.W. 7 Deep Ram, ASI, P.W. 1 H.C. Surjan Kumar, P.W. 6 C. Suman Kumar and P.W. 10 C. Piar Chand, Police Post Shri Naina Devi Ji was patrolling and present near Jhiri Bowri at about 5.00 p.m. They noticed one person carrying polythene envelope in his right hand, who tried to escape from the spot on noticing police. He was over powered by the police. On interrogation, he disclosed his name Pawan Kumar.

(3.) P .W. 7 arrested the accused and disclosed him the grounds of arrest. The case property was handed over by P.W. 7 to P.W. 9 Jagtar Singh for resealing purpose, who after resealing the case property issued re -seal certificate Ex. P.W. 7/F. The special report Ex. P.W. 2/A was prepared and sent to Superintendent of Police, Bilaspur, through P.W. 10 C. Piar Chand. The sample of opium was sent by P.W. 3 MHC Dalip Kumar alongwith NCB forms in triplicate to FSL Junga for chemical analysis through P.W. 4 C. Daulat Ram vide R.C. No. 102/08. The report of Chemical Examiner Ex. PA was obtained and the sample was found derivative opium. On completion of investigation, challan was presented in the Court.