STATE OF HIMACHAL PRADESH Vs. KULDEEP SINGH

JUDGEMENT

(1.) STATE has come in appeal against the judgment of the learned Sessions Judge, Chamba Division, Chamba in Sessions Case No. 5 of 2004 whereby respondent, who was charged with and tried for offence punishable under Whether reporters of the local papers may be allowed to see the judgment? No section 20 of the Narcotic Drugs and Psychotropic Substance Act, 1985, has been acquitted on 2.9.2004.

(2.) CASE of the prosecution, in a nutshell, is that on 22.10.2003 Sh. N.D. Sharma, Addl. Superintendent of Police was going from Chamba to Bharmaur in connection with investigation of case F.I.R. No. 57/2003 dated 19.10.2003 alongwith other police personnel. When he reached at Guwad Link Road of village Rakh at about 7.50 A.M., he noticed PW-11 Roshan Lal. He stopped his vehicle. He gave instructions to Roshal Lal, S.I. Accused was noticed coming from the side of Guwad Link Road. He was supporting a plastic bag on his right shoulder. He got perplexed on seeing the police and tried to run alongwith bag. The police apprehended him. His bag was searched. It contained Charas. Constable Manohar Lal was sent to bring the independent witnesses and Constable Rajesh Kumar was deputed to bring weights and scale. Recovered Charas weighed 14.50 kgs. Two samples of 25 grams each were separated from the recovered Charas and were packed and sealed with seal 'K'. The bulk Charas weighing 14 kgs Ex.P-4 alongwith white plastic bag Ex.P-3 was also packed and sealed in parcel Ex.P-1 with seal 'K'. The seal was entrusted to PW-1 Garib Dass. Case property was taken into possession vide recovery memo Ex.PW- 1/A, copy of which was supplied to the accused. Rukka Ex.PW-3/B was sent, which led to registration of F.I.R. Ex.PW-8/A. Site plan was prepared. Grounds of arrest were communicated to the accused vide memo Ex.PW- 1/B. The empowered officer produced the case property before A.S.I. Prem Chand, who was officiating as Station House Officer. He re-sealed the case property with his own seal 'J' vide memo Ex.PW-8/C. Thereafter, the property was deposited with the M.H.C. Police Station, Chamba by A.S.I. Prem Chand. Special report Ex.PW- 2/B was prepared and sent to Superintendent of Police, Chamba. One sample was sent to Chemical Test Laboratory, Kandaghat and as per report Ex.PW-3/A, the contents of the sample were found to be that of Charas. Investigation was completed and after completing all the formalities, challan was put up for offence punishable under section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 before the trial court.

(3.) MR. Rajesh Mandhotra, learned Deputy Advocate General has vehemently argued that the prosecution has proved its case against the accused. According to him, the trial court has not correctly appreciated the oral as well as documentary evidence.