STATE OF HIMACHAL PRADESH Vs. MOHAN LAL

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 15.1.2001 passed by learned Sessions Judge, Kullu, HP in Sessions Trial No. 72/2001, thereby acquitting the Respondents / accused for the offence under Section 20 of Narcotic Drugs and Psychotropic Substances Act, 1985 ( in short called 'Narcotic Drugs and Psychotropic Substances Act ')

(2.) THE prosecution case is that in the evening of 24.4.2001, ASI Vikas (PW -8), accompanied by HC Narayan Singh (PW -6), HC Harbans Lal, C. Vijay Kumar, C. Tek Chand (PW -5), C. Kehar Singh, C. Pune Ram and SI/SHO Sanjay Kumar (PW -7), for traffic checking, left police station, Banjar and went towards Gara Gushani side. On 25.4.2001, in the morning at 4.45 am ASI Vikas had laid Naka. At that time, SHO Sanjay Kumar along with certain police officials went to some other place 16/5/2014 Page 108 Usha Sharma Versus State Of H.P. for laying Naka. Around 5.45 a.m, both the accused carrying a bag each were noticed coming from Gara Gushani side, however, on seeing police, they turned back and started walking briskly. They were stopped and on suspicion bags carried by them were checked. Mohan Lal was found carrying two kgs 'Charas ' wrapped in polythene packet. Another accused was found carrying one Kg 'Charas ' wrapped in polythene packet. Out of the recovered 'Charas ' from both accused, three samples of 25 grams each were taken, packed and sealed in separate packets. All the six sample packets were sealed with seal 'H '. Remaining 'Charas ' along with bags was separately packed in two packets, which was also sealed with seal 'H '. Seizure memos Ex PW -4/A and PW -4/B were prepared. Investigation was made and accused/Respondents were charged for the aforesaid offence.

(3.) (PW -7) Sanjay Kumar, in his endeavour to support the prosecution case has stated that at about 7.20 AM on 26.4.2001, HC Narain Singh came to him at Percha and apprized him that ASI Vikas has apprehended two persons with 'Charas '. PW -7 went to the spot. ASI Vikas produced before him six small packets and two bigger packets sealed with seal 'H ' along with 'NCB Forms '. PW -7 resealed all the packets with seal impression 'A '. He had also put seal impression on 'NCB Forms '. PW -7 further stated in cross -examination that from Banjar upto the place of naka, they were making traffic checking. Prior to Bahu No. specific naka was laid and first naka was laid at a distance of about 7 Kms from Babu towards Gara Gushani where he reached at 5.45 AM. PW -7 came back to place called Percha and remaining naka party remained on the spot. HC Harbans, Constable Tek Chand and one more constable came back on official vehicle. At the place of naka, PW -7 remained for 2 -3 minutes and then came back to Perch and on receiving message of ASI Vikas through HC Narain, he went to the spot at about 8.00 AM. PW -7 when reached the spot, ASI Vikas had already sealed 'Charas ' packets and samples. PW -7 remained on the spot for about one hour and started at 9.00 AM from there and reached Banjar at about 1 P.M. Vikas ASI had already sent ruqa report. Case property was deposited by PW -7 to HMC at 4.00 PM.