STATE OF HIMACHAL PRADESH Vs. DALIP SINGH

JUDGEMENT

(1.) This appeal by the State is directed against the judgment, dated 10.04.2002, delivered by the learned Additional Sessions Judge, Solan, in Sessions Trial No. 13 S/7 of 2001, 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 Act).

(2.) Briefly stated, the prosecution story is that on 8th February, 2001, PW 11, Jagdish Kumar, ASI P.S. Parwanoo, alongwith other police officials were carrying out search of the vehicles at Parwanoo. At about 10.15 p.m., a bus belonging to the Himachal Road Transport Corporation bearing registration No. HP 07 5276 came from Shimla side. This bus was going to Delhi. The bus was stopped for checking. On checking of the bus, a person was found sitting on seat No. 14 of the bus. He had kept a bag on his legs. The bag was checked and inside this bag, there was another polythene bag and inside the polythene bag, charas was kept. According to the prosecution, the checking was done in the presence of PW 1, Kartar Singh, driver of the bus and PW 2, Attar Singh, conductor of the bus. The person from whom the charas was recovered disclosed his name to be Dalip Singh (accused). Scales were arranged from the shop of PW 3, Ramesh Kumar, who was also present at the time of search. On weighment, the charas was found to weigh 2 kg 200 grams. Out of this charas, two samples of 25 grams each were drawn. Thereafter, the two samples and the remaining bulk charas were sealed in three separate parcels. Rukka was sent to the police station through PW 4, Constable Ram Lal and thereupon the Investigating Officer, PW 7 HC Het Ram was called to the spot. Then the contraband alongwith the documents were handed over to PW 7. Thereafter, PW 7, HC Het Ram, who inspected the spot, prepared the site plan and completed the other codal formalities at the spot. Thereafter, PW 7 came back to the police station and handed over the contraband to PW 12, Pramod Shukla, who re sealed the same with seal impression 'A'. PW 12, in turn, deposited the case property in the malkhana with PW 10, Daulat Ram, who was then working as MHC, Police Station Parwanoo. One sample was sent by PW 10 on 12.02.2001 through PW 5, Constable Rajiv Kumar, but the same was returned since by the time Constable Rajiv Kumar reached CTL Kandaghat, the laboratory was closed. Thereafter, the contraband was again sent through PW 6, Constable Jeet Ram to CTL Kandaghat and the chemical analyst, vide his report Ex. PW 7/E, opined that the sample was of the charas. On this basis, the accused was charged and challaned with having committed the offence aforesaid. The learned trial Court acquitted the accused, hence this appeal by the State.

(3.) At the outset, it may be stated that the independent witnesses have not at all supported the prosecution story. According to PW 1, Kartar Singh, driver of the bus, the bus was stopped by the police officials and the police officials started checking the bus. The driver got down from the bus. Thereafter the police officials brought a bag from inside the bus containing charas and one person also came outside. The charas was measured in his presence and samples were also taken. But, according to this witness, the search was not conducted in his presence since he was outside the bus and the charas was recovered inside the bus. Furthermore, according to him, the charas was weighed outside the bus.