STATE OF HIMACHAL PRADESH Vs. RANDHEER SINGH @ DHEERA

JUDGEMENT

(1.) THE present criminal appeal has come up for consideration after the leave to appeal has been granted under Section 378(3) of Code of Criminal procedure in reference to the judgment dated 4.5.2002 passed by learned Addl. Sessions Judge, Solan, District Solan, HP in Sessions Trial No. 25 -S/7 of 2001 thereby acquitting the accused -Respondent for the offence punishable under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, the Act).

(2.) IN order to adjudicate the present criminal appeal, it is necessary to give the factual background of the case. On receiving secret information on 13.3.2001 that the accused -Respondent was carrying contraband goods, PW9 SHO Vijay Kumar, P.S. Nalagarh with ASI Deva Nand, HC Paramjeet, HC Sewa Singh, Constable Jaswant Singh, Constable Narinder Singh, went near Export Park, Jharmajri. Thereafter, after recording the reasons of belief, Ext.PW3/A and sending the same to Dy.S.P., Nalagarh through Constable Narinder, PW9 associated two independent witnesses namely Hari Ram and Susheel Kumar, as members of raiding party and laid a 'Naka ' near Export Park, Jharmajri. PW9 observed that a person along with a bag after seeing the police party tried to run away from the spot, however he was apprehended. On asking, he disclosed his name as Randhir Singh. On suspicion, the accused -Respondent was informed by PW9 that whether he intends to be searched by a Magistrate or any Gazetted Officer or the raiding party itself. The accused -Respondent gave his consent in writing vide memo, Ext.PW1/A, for being searched by the raiding party at the spot. In the meanwhile, Dy.S.P., Nalagarh also reached at the spot. The members of the raiding party were also searched by the accused -Respondent. When the accused -Respondent was searched, opium was recovered from the polythene bag carried by him, which was measured 950 graMs. Two samples of 10 grams each were taken out from the recovered contraband and remaining opium was kept in a plastic jar. The samples of opium and remaining opium were sealed with a cloth with seal impression 'A '. Signatures of independent witnesses were also obtained on the requisite memos. The seal after use was handed over to independent witness namely Hari Ram. Ruka, Ext.PW4/A was sent to the Police Station Barotiwala through Constable Jaswant Singh and in reference to that, FIR was lodged. Samples of contraband goods were sent to CTL Kandaghat for chemical examination. After investigation, accused was charged for the aforesaid offence.

(3.) PW 1 Hari Ram, who is stated to be an independent witness, has been declared as hostile as he has stated that No. search, recovery and seizure proceedings took place in his presence. So much so, PW1 in his cross -examination stated that he was co -accused in three criminal cases.