STATE OF HIMACHAL PRADESH Vs. SANJEEV KUMAR

JUDGEMENT

(1.) The State is in appeal against the acquittal of the respondent (accused) for the offence under Section 20 of the Narcotic Drugs and Psychotropic Substances Act (in short 'the Act') by the learned Additional Sessions Judge, Mandi, H.P., vide judgment dated 28.11.2000. In brief, the case of the prosecution was that on 12.4.1999, at about 4.30 PM, when PW-8 Head constable Jagat Singh, Incharge Police Post, Bali Chowki along with PW-3 LHC Hem Raj and PW-1 Parkash Chand was present outside the Police Post, the accused, who was wearing black colour jacket was seen coming from Banjar side towards Kullu. On being stopped by the police, he became perplexed and tried to run away. It aroused suspicion and he was apprehended. On interrogation, he disclosed his name, parentage and address. On suspicion that the accused was in possession of some contraband, witnesses namely Jiwan Singh (PW-2) and Chittar Singh (not examined), who were going towards Bazar side were joined as witnesses by the police. In their presence PW-8 H.C. Jagat Singh gave his personal search to the accused. Thereafter he served memo Ex.PW-8/A upon the accused stating whether he intended to be searched before some Gazetted Officer or Magistrate or by him. The accused consented in writing in the presence of witnesses for his search by H.C. Jagat Singh. On search, one plastic envelope of green colour containing charas was recovered from his jacket. LHC Hem Raj was deputed to bring scales and weights from the market. On weighing, charas was found to be 1 kg. Two samples each of 20 grams were separated and put in separate empty boxes of Dhoop. Remaining charas was also separately put in a cloth parcel. The samples and the bulk were sealed separately with seal bearing impression 'H'. Specimen seal impression was also taken separately and seal after use was handed over to witness Jiwan Singh. The samples and the bulk were taken into possession by the police in the presence of witnesses vide recovery memo Ex.PW-8/A. A rukka was sent to the Police Station for registration of the case through LHC Hem Raj, on the basis of which FIR No. 42/99 was registered. Investigation of the case was carried out by H.C. Jagat Singh, Incharge, P.P. Bali Chowki, who prepared site plan and recorded statements of witnesses. Case property including samples and case file were handed over to Inspector/SHO Prem Singh, who re-sealed the samples and the bulk with seal impression T and deposited the same with Naresh Kumar M.H.C., Police Station Aut. Special report was sent to Addl. Superintendent of Police. After completion of codal formalities on the spot, the accused was arrested. A sample of the recovered contraband was sent for examination to Chemical Test Laboratory (CTL), Kandhaghat and report Ex.PX was obtained, which revealed that the same contained contents of charas.

(2.) On completion of investigation the accused was sent up to face trial. On being charged, he did not plead guilty and claimed to be tried. The prosecution evidence followed. In all, it examined 11 witnesses.

(3.) On close of the prosecution evidence, the convict was examined under Section 313 Cr.P.C, wherein, he pleaded innocence and false implication. However, he did not lead any evidence in defence.