STATE OF HIMACHAL PRADESH Vs. KAMLESH KUMAR

JUDGEMENT

(1.) FOR an offence, which is alleged to have been committed on 15.9.2000, accused was put to trial. In terms of judgment dated 21.1.2002 passed by Additional Sessions Judge, Mandi, in Sessions Trial No. 3 of 2001, titled as State of H.P. v. Kamlesh Kumar, accused stands acquitted of the charged offences.

(2.) IT is the case of the prosecution that on 15.9.2000, in Aut Bazar Dy. S.P. Shubra Tiwari (PW.7) along with Sub Inspector Om Prakash, Sh. Ramesh Kumar (PW.9) Head Constable Shankar (PW.7) and Sharwan Kumar were on patrol duty. At about 9.00 P.M. they saw the accused carrying a bag. Seeing the police party accused got perplexed and briskly started walking away. On suspicion he was stopped. Police apprehended the accused and suspected him of carrying some contraband substance. Accused disclosed his name to be Kamlesh Kumar and Dy. S.P. Shubra Tiwari (PW.7) served memo of search (Ex.PW.1/A) upon him. From the person of the accused nothing incriminating was recovered but however from the bag carried by him, charas like substance was recovered. Search was carried out pursuant to the option (Ex.PW.1/A) given by the accused. PW.7 asked Sh. Shankar Ram (PW.3) to bring the scales and the weights from the nearby shop. Upon weighment the contraband substance was found to be of 400 grams and two samples of 25 grams each were taken out. The samples and the remaining stuff were sealed with two seals having impression 'A '. The accused was arrested on the spot and memo served upon him. Thereafter, Dy. S.P. Shubra Tiwari (PW.7) handed over the case property to Sh. Ramesh Kumar (PW.9). The sealed samples were sent for analysis to the Forensic Science Laboratory and report (Ex.PX) obtained. PW.7 also sent special report (Ex.PW.5/A) to the superior officer. During investigation accused was found to be possessed with charas and as such challan was presented in the Court after completion of codal formalities.

(3.) IN order to prove its case, prosecution examined 11 witnesses and statement of the accused under Section 313 Code of Criminal Procedure was also recorded.