STATE OF HIMACHAL PRADESH Vs. RAM LAL

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgement dated 3.9.2003 passed by the learned Sessions Judge, Shimla, in Sessions trial No.16 -S/7 of 2002 whereby he acquitted the accused of having committed an offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the NDPS Act). The prosecution case, in brief, is that on 30.1.2002 PW -11 Inspector Sadhu Ram of State CID was on patrolling duty in Shimla town alongwith Sub Inspector Bhagwan Singh, Sub Inspector Mittar Dev, Assistant Sub Inspector Madan Lal and some other police officials. When they were near the Railway Station, Shimla, Inspector Sadhu Ram received secret information to the effect that one person was going towards Boileauganj Bus Stand and this person is in possession of some charas. Sadhu Ram recorded the information and prepared memo Ext.PC and sent the same to the Deputy Superintendent of Police (PW -7). This information was sent through PW -2 constable Sanjeev Kumar.

(2.) THEREAFTER Sadhu Ram alongwith other police officials proceeded towards Boileauganj barrier. At Boileauganj barrier two independent witnesses PW -5 Divesh Kumar and PW -6 Desh Raj were associated with the police party. At about 3.45 p.m one person was noticed by Sadhu Ram coming towards Shimla town. The said person was carrying a bag (Ext.P -4) on his shoulder. The appearance of the said person and his bag tallied with the secret information received and therefore, the person was detained by the police officials. On asking he disclosed his name to be Ram Lal (accused). The accused was informed that it was suspected that he was carrying some contraband substance and therefore he was to be searched. He was given an option whether he wanted to get himself personally searched before a Magistrate or any Gazetted Officer or before the Police Officials. He agreed to be searched before the police officials vide consent memo Ext. PA.

(3.) AFTER recovery of the charas, Rukka Ext.PA was sent by Inspector Sadhu Ram to Police Station, Boileauganj through constable Manoj Kumar and on the basis of this Rukka, F.I.R. Ext.PB was registered. The case was investigated and other codal formalities were completed at the spot. Entire case property including the samples, the bulk charas were deposited by Inspector Sadhu Ram with PW -10 MHC Joginder Singh at Police Station Boileauganj. Joginder Singh resealed all the sample parcels with his own seal having seal impression "S". One of the sample parcels was sent by Joginder Singh to CTL Kandaghat through lady constable PW -9 Anubha. Thereafter, the examiner vide his report Ext.PL opined that the sample was of charas and on this basis the accused was charged with having committed the office aforesaid.