STATE OF HIMACHAL PRADESH Vs. SURINDER KUMAR SON OF SH. JAGAT RAM R/O MOHALLA KATNIYA, P.S. UNA, DISTRICT UNA, H.P.

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgement dated 18.11.2003 passed by the learned Additional Sessions Judge, Una in Sessions case No. 57 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 NDPS Act). The prosecution story in brief is that PW -6 Constable Ranjit Singh, who was in plain clothes, was trying to collect information about the persons dealing with contrabands and narcotics in the area of Pirnigah temple on 13.09.2001. PW -6 Ranjit Singh received secret information that the accused is indulging in the sale of charas from his Khokha where he used to sell confectionery and cold drinks. Thereafter PW -6 decided to inform his superior officials and when he was on his way to Una he met the patrolling party headed by PW -9 ASI Akshay Kumar and PW -7 LHC Vipan Kumar. He informed Akshay Kumar about the information which he had received who in turn recorded the information as a statement under Section 154 Cr.P.C. and sent it through PW -7 to the Police Station Una where on this basis F.I.R Ext.PW -5/C was registered by PW -5 Inspector Dharam Chand.

(2.) PW -9 associated two independent witnesses PW -8 Sham Singh and Vashisht Kumar (not examined) with the party. The case of the prosecution is that the personal search of the accused was conducted after complying with the provisions of Section 50 of the NDPS Act and 25 gms charas was found in the pocket of the shirt of the accused and out of this charas two samples of 5 grams each were drawn and thereafter two samples and the remaining 15 grams charas were packed in three separate parcels and sealed with seal impression 'M'. These parcels were taken into possession vide memo Ext.PW -6/B.

(3.) THE case of the prosecution is that after completing the codal formalities on the spot PW -9 S.I. Akshay Kumar alongwith the accused went to the Police Station where he had handed over the case property and the accused to PW -5 Insp. Dharam Chand who resealed the case property with his own seal bearing impression 'A' and deposited the same with PW -2 MHC Ved Prakash. Thereafter two samples were sent to the CTL Kandaghat for analysis through PW -3 Constable Sansar Chand and it was reported that both the samples contained charas. On this basis the accused was charged with having committed the aforesaid offence. The accused pleaded not guilty and claimed trial. The learned trial Court after trial acquitted the accused. Hence, this appeal by the State.