STATE OF HIMACHAL PRADESH Vs. JARNAIL SINGH

JUDGEMENT

(1.) THE present criminal appeal has come up for consideration after the leave to appeal has been granted under Section 378(3) of the Code of Criminal Procedure, in reference to judgment dated 27.12.2001 passed by learned Sessions Judge, Bilaspur, HP in Sessions Trial No. 13 of 2001, thereby acquitting the Respondent / accused for the offence under Section 20 of Narcotic Drugs and Psychotropic Substances Act, 1985 ( in short called 'NDPS Act ').

(2.) THE prosecution case is that on 22.4.2001 at about 11.30 AM, when the accused was coming from the side of village Dher and was going towards Majari village, he was apprehended by Chamel Singh, SHO, Police Station, Kot in presence of two independent witnesses, namely, Harpal Singh and Surjit Singh as well as in presence of other police officials. On apprising of his right to be searched, accused was searched and a polythene bag was taken out from his custody from which 550 gms of 'Charas ' was recovered. Thereafter two samples each weighing 25 grams were taken out from the said 'Charas ' and the remaining 'Charas ' were put in three separate cloth parcels which were sealed with seal 'A '. A ruqa was sent to the Police station, Kot and in that reference, FIR was registered and after investigation, accused/Respondent was charged of the aforesaid offence.

(3.) (PW -1) Harpal Singh, an independent witness, however, has denied the prosecution case and has also denied that during search, any recovery of 'Charas ' was made from the accused, PW -1 was declared hostile. (PW -2) Paramjit Singh has stated that he was running a shop at Majari and was doing the business of toffee and biscuits and was not keeping scales and weights. PW -2 has further stated that he was not taken by the police at the spot and has not supplied the weights and measures to the police. As such, PW -2 has not supported the prosecution case. (PW -3) ASI Prem Chand has stated that he received special report on 22.4.2001 being a Reader of S.P. Bilaspur, which he placed before the S.P as Ext PG. (PW -4) HC Siri Ram, after receiving ruqa, had recorded the FIR. In his cross examination, he has stated that he officiated MHC on 22.4.2001 and 23.4.2001. The entry regarding the case property was made by the SHO in the malkhana register on 22.4.2001 and the key was handed over to SHO on 23.4.2001. (PW -5)/ HC Sher Singh has stated that sample was sealed with seal 'A ' and RC No was 35/2001. SHO had delivered the sample to him for taking the same to CTL, Kandaghat. (PW -6) SI Kamal Kishore has stated that SHO Chamel Singh, PS Kot Kehloor and HC Raghubir Singh, Constable Dev Raj, Constable Dalat Ram, and Constable Rajnit Singh while on patrol duty near Gurudwara of Majari village associated Harpal Singh and Surjit Singh as independent witnesses and they apprehended the accused/Respondent and took out the polythene bag from his custody, from which 550 grams of 'Charas ' were recovered. Two samples each of 25 grams were taken from the 'Charas ' and thereafter the samples and the remaining 'Charas ' were put in three separate cloth parcels and the parcels were sealed with seal 'A '.