STATE OF HIMACHAL PRADESH Vs. ROSHAN LAL

JUDGEMENT

(1.) THE present appeal has come up for consideration after leave to appeal has been granted under Section 378(3) Code of Criminal Procedure in reference to the impugned judgment dated 14.12.2001, passed by the learned Sessions Judge, Bilaspur, H.P, in Sessions Trial No. 15 of 2001, acquitting the accused -Respondent for the offence under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the NDPS Act').

(2.) THE prosecution case, in brief, is that on 10.5.2001, at about 11.45 P.M, the accused, while traveling in an HRTC bus No. HP -42 -792 from Manali to Delhi and occupying seat No. 21, was found carrying a plastic hand bag of yellow colour kept on his lap and on search charas was found inside the bag. The charas was taken into possession and the same was weighed and found to be 510 grams. Thereafter, two samples each, weighing 25 grams, were taken from the charas and the same were put in two separate cloth parcels and the remaining charas was also put in a separate cloth parcel and thereafter all the three parcels were sealed with seal "PS". Memo was prepared which was signed by the accused and the witnesses. Rukka was sent to Police Station, Sadar Bilaspur, in that reference FIR was registered. Special report was sent to the Superintendent of Police, Bilaspur and the incriminating material was kept in malkhana. On 12.5.2001, one sample parcel was sent to Chemical Examiner.

(3.) PW -1, HC Kuldeep Singh as MHC, has stated that on 11.5.2001, Shri Siri Ram, Inspector -SHO, handed over him 3 sealed parcels sealed with seal "M", which PW -1 kept in the malkhana and on 12.5.2001 sent one sample parcel, sealed with seal 'M', to Chemical Examiner, Kandaghat, through constable Ram Singh, No. 230, vide RC No. 20/2001. PW -2 constable Ram Singh carried one sample parcel along with sample seal and docket to Chemical Examiner, Kandaghat vide RC No. 20/2001 and after delivery at Kandaghat he obtained receipt, which was handed over to MHC, PW -1. PW -3 Bahadur Singh, driver of bus No. HP -42 -792, was driving the said bus from Kullu to Delhi, wherein, Nagesh Kumar PW -4 was conductor. As per PW -3, the bus was checked by the police at Lakhanpur near Bilaspur at about 12 night.