STATE OF H P Vs. PAWAN KUMAR

JUDGEMENT

(1.) THE present Criminal Appeal has come up for adjudication after the grant of leave to appeal under Section 378 (3) of the Code of Criminal Procedure has been granted in reference to judgment dated 22.6.2001, passed by Learned Sessions Judge, Kullu, H.P., in Sessions Trial No.21/2001 under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'NDPS Act'), acquitting the alleged respondent-accused.

(2.) THE prosecution case is that on 8.12.2000, ASI Vikas (PW.8) accompanied by constable Kishori Lal, Pune Ram, while on traffic checking, at Forest Check Post, Largi at about 7.00 P.M, noticed a HRTC bus coming from Sainj side, where the passengers got down from the bus, whereas accused while alighting the bus was carrying two bags, however, on suspicion he was stopped and his name was enquired. After obtaining option of the accused that whether he wants to be searched before a Magistrate or Gazetted Officer or by the police party, he opted vide consent memo Ex.PW1/C, to be searched before the police. THE bags carried by the accused were searched in presence of Forest Guard, namely, Puran Chand (PW.1) and witness Bhajan Singh (PW.7). From blue-red coloured bag 5 kg. 300 grams charas was recovered. Three samples of 25 grams each were separated, packed and sealed with seal impression 'A'. THE remaining charas was also packed and sealed separately. NCB forms were filled-in, seal impression taken and seal was handed over to Puran chand.

(3.) PW.1 Sh.Puran Chand, deployed as Forest Guard at the relevant time, has stated that on 8.12.2000, he was on duty where police laid Nakka. At about 5.20 P.M, a bus came from Sainj side which was stopped by the police in which police entered for the purpose of checking and police personnel brought a person from the bus alongwith two bags. Out of two bags, one bag was in the hand of accused Pawan Kumar and another was carried by ASI. Accused was made to sit on the parapet on one side of barrier and papers were prepared and signatures of PW.1 Puran Chand were obtained. PW.1, however denied in cross-examination that accused was carrying two bags when came out from the bus. PW.1 Puran Chand has also stated that from the red-blue coloured bag, charas in the form of tablets and sticks was found. After taking out the samples and putting seal over it, the seal was not handed over to PW1 Puran Chand. PW.1 has also stated in cross-examination that he was not aware that whether NCB form was filled-in. PW.1, however, stated that his signatures were obtained in certain papers, however, he did not read the contents thereof. PW.1 also denied that any search was made in his presence. PW.1 Puran Chand, however has not supported the prosecution case.