STATE OF HIMACHAL PRADESH Vs. DAULAT RAM

JUDGEMENT

(1.) FOR an offence, which is alleged to have been committed on 16.9.2000, accused was put to trial. In terms of judgment dated 9.4.2001 passed by the learned Sessions Judge, Kullu, H.P., in Sessions Trial No. 52/2000, titled as State V. Daulat Ram, accused stands acquitted of the charged offence.

(2.) IT is the case of the prosecution that on 16.9.2000, ASI -Dorje Ram (PW -7) accompanied by Constable Sunil Kumar (PW -1) and ASI -Narayan Singh were on patrolling duty in an official vehicle. At about 2.30 a.m. while they were on way to the Police Station, Banjar, at about 2.30 a.m. near village Thawari they found the accused coming on a scooter. He was asked to stop the vehicle and show documents of ownership. As soon as he opened the dicky of the scooter to take out the documents, five - six sticks of charas fell on the road. Police party suspected accused of carrying more charas. As such, PW -7 asked PW -1 to get some independent witnesses from the nearby village. PW -1 made local inquiry but could find none and as such returned back empty handed. In the presence of PW -1 and ASI -Narayan Singh, PW -7 served memo (Ext. PW1/A) for carrying out the search of the accused and the vehicle. Accused consented to be searched by the police officials present on the spot and accordingly scooter was searched from which charas was recovered. The same was weighed and found to be 1 k.g. & 300 gMs. Three samples of 25 grams each were taken and sealed separately. Remaining charas was also sealed in a separate packet. The samples and the bulk parcel were sealed with seal impression -A and taken into possession vide memo (Ext. PW 1/C). Accused was arrested vide memo (Ext. PW 1/E). NCB form (Ext. PW7/F) was filled up on the spot. Ruka (Ext. PW7/A) was sent by PW -7 through PW -1 to Police Station, Banjar for registration of the case where HC -Mohan Lal (PW -3) registered F.I.R. No. 75 of 2000 (Ext. PW 3/A) dated 16.9.2000. With the completion of investigation at the spot, PW -7 handed over the case property along with the seals to Dy.S.P./SHO Khushal Sharma (PW -6). Special report (Ext. PW 4/A) was sent to the office of the Superintendent of Police, Kullu through constable Uttam Singh (PW -2) which was received by ASI -Lal Singh (PW -4). The sealed sample was sent by PW -3 through PW -1 for chemical analysis to the C.T.L. at Kandaghat and report (Ext. PW7/F) obtained which revealed that contraband was containing charas. With the completion of investigation challan was presented in the Court for trial.

(3.) IN order to prove its case, prosecution examined seven witnesses and statement of the accused under Section 313 Code of Criminal Procedure was also recorded in which he took up a defence of false implication.