STATE OF HIMACHAL PRADESH Vs. THAKUR DASS

JUDGEMENT

(1.) THE present criminal appeal has come up for consideration after leave to appeal under Section 378(3) of the Code of Criminal Procedure has been granted in reference to the impugned judgment dated 1.3.2002 passed by the learned Sessions Judge, Kullu, District Kullu, H.P., passed in Sessions Trial No. 86 of 2001, acquitting the Respondent/accused for offence punishable under Section 20 of The Narcotic Drugs and Psychotropic Substances Act, 1985 (in short the 'NDPS Act ') in reference to F.I.R. No. 65/2001 dated 16.7.2001, Police Station, Banjar, District Kullu, H.P.

(2.) THE prosecution case in brief is that police party consisting of HC -Harbans Kumar (PW -9), Const. Uttam Singh (PW -8), HC -Sandeep Kumar, Const. Tek Chand, Const. Hari Singh and HC -Chet Ram had gone to Bhallan and Hurcha side regarding investigation of case F.I.R. No. 64 of 2001 of Police Station, Banjar. While coming back at about 6.00 p.m. on 16.7.2001 the police party observed the Respondent/accused coming from Sainj side carrying a bag on his shoulder. On suspicion search was taken after taking his consent vide memo Ext. PW 4/A and a polythene packet containing 'charas ' in the shape of tablets, sticks and chapaties were recovered which on weighment was found to be 1.800 kilograms. Three samples of 25 grams each were separated, packed and sealed with seal impression - 'H ' and the remaining 'charas ' was sealed with seal impression - 'H '. 'NCB Form '/Ext. PW 6/B in triplicate was filled and sample seal Ext. PW 9/A was retained which was entrusted to Sh. Om Parkash (PW -4). Ruka/Ext. PW 9/B was sent to Police Station, Banjar through Const. Uttam Singh (PW -8) and in reference to that F.I.R. (Ext. PW 6/A) was registered and after investigation the case property was produced before the S.H.O. Sanjay Kumar, who resealed the same with his seal impression -T and deposited it with MHC -Mohan Lal (PW -3), who took the case property into Malkhana. The samples were sent to C.T.L. Kandaghat for chemical analysis.After investigation accused/Respondent was charged for the aforesaid offence.

(3.) PW -2 LHC -Vijay Kumar was handed over the case property sample by MHC -Mohan Lal on 17.7.2001 vide R.C. No. 40 of 2001 for taking to C.T.L. Kandaghat alongwith documents, 'NCB Form ' etc. deposited on 18.7.2001 in C.T.L. Kandaghat. PW -2 have however not revealed that case property was sealed with what seal impression.