LAWS(HPH)-2012-7-185

STATE OF HIMACHAL PRADESH Vs. HARI SINGH

Decided On July 19, 2012
STATE OF HIMACHAL PRADESH Appellant
V/S
HARI SINGH Respondents

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgement dated 8.6.2004 passed by the learned Sessions Judge, Kullu in Sessions trial No. 1 of 2004 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).

(2.) BRIEFLY stated the prosecution story is that on 12.10.2003 PW-7 S.I Roop Singh alongwith PW-5 Constable Narender Singh, PW-6 H.C. Hari Singh, ASI Bhagat Ram and Constable Uttam Singh had proceeded from Manali to Rumsu via Naggar. At Rumsu bifurcation which is about two kilometers from the Roerich Art Gallery they had laid a Nakka. At about 6.15 a.m they saw two persons coming from Rumsu side. Both the persons were carrying rucksack on their back and were talking to each other. On seeing the police party they got perplexed and turned back. This aroused the suspicion of the police officials who then apprehended the said persons. On inquiry these persons disclosed their names to be Hari Singh and Dola Ram (the accused). Thereafter option was given to both the accused that their bags were to be searched and that they had a legal right to be searched before a Gazetted Officer or a Magistrate or by the Police Officials. The accused consented to be searched by the Police Officials. On search of the bag being carried by Hari Singh accused charas was recovered, which on weighment was found to be 1.700 kilograms. Nothing incriminating was recovered from the rucksack being carried by Dola Ram accused. Two samples of 25 grams each were drawn and thereafter the samples and the remaining bulk charas were packed in three separate parcels and sealed with seal having impression 'H'. Other codal formalities were completed at the spot. The accused were arrested and thereafter the case property was deposited by PW-7 S.I.Roop Singh with PW-8 Insp. Jagdish Chand who resealed the case property with seal 'T' and thereafter handed over the case property to MHC Khem Chand. One of the samples was sent to the chemical analyst, who vide his report Ext. PA opined that the sample was of charas and on this basis the accused were charged with having committed the offence aforesaid. After trial the learned trial Court acquitted the accused. Hence, this appeal by the State.

(3.) ACCORDING to PW-7 they had proceeded to the spot from Manali in a private vehicle whereas PW-5 stated that they had gone in a government vehicle. PW-6 states that they went to Rumsu on a private vehicle. Thus there are two different versions with regard to the ownership of the vehicle.