STATE OF HIMACHAL PRADESH Vs. DHIAN SINGH

JUDGEMENT

(1.) THE State is in appeal against the acquittal of the Respondent (accused) for the offence under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short NDPS Act) by the learned Additional Sessions Judge, Mandi, H.P. vide judgment dated 29.7.2000.

(2.) IN brief, the case of the prosecution was that on 19.1.1999 at about 8.30 P.M., a police party headed by ASI Neel Chand (P.W. 1) was present at Aut Bazar in connection with routine patrol duty and Nakkabandi when the accused who was carrying a 'Pithu ' (bag) on his back was noticed coming from Banjar side towards Chowk, Aut Bazar. He did not stop despite having been asked by the police to do so. It was in such circumstances that he was overpowered. On inquiry he disclosed his name, parentage and address. The conduct of the accused aroused suspicion that he might be carrying some contraband with him. Since the light at the place where the accused was apprehended was dim, he was taken to the nearby hotel of one Hem Raj alias Sadhu (P.W. 2), which was open at that time, where another person by name Thakur Dass (P.W. 3) was also present. ASI Neel Chand checked the bag being carried by the accused and felt that some paste like material was contained therein. When he smelt the same, it was like opium. Suspecting violation of the provisions of NDPS Act, the police officer prepared a rukka and sent the same to SHO Police Station, Aut for registration of a case. Consequently, FIR was registered. Thereafter SI SHO Vidyadhar proceeded to the spot and in the presence of independent witnesses P.W. 2, Hem Raj and P.W. 3, Thakur Dass, served a notice under Section 50 of the NDPS Act upon the accused, disclosing that he was suspected of possessing some contraband and his personal search was to be carried out and that whether he wanted to be taken for such search to a gazetted officer or Magistrate. However, the accused consented for search by SI SHO Vidyadhar. Consequently, the bag of the accused was searched. It was containing a white color polythene packet, in which three packets containing paste like material were kept. All the three packets were containing opium. Scales and weights were arranged and the recovered contraband was weighed and was found to be 350 grams, 490 grams and 400 grams, respectively. Two samples each weighing 10 grams were taken out of each of the three packets. Thus, in all six samples were drawn. The samples and bulk of the recovered contraband were separately sealed with seal bearing impression "T". The samples of the recovered contraband were sent for examination to Chemical Test Laboratory (CTL), Kandaghat and report Ex. PX was obtained, which revealed that the same contained contents of opium.

(3.) ON close of the prosecution evidence, the accused was examined under Section 313 Code of Criminal Procedure, wherein, he pleaded innocence and false implication. However, he did not lead any evidence in defence.