STATE OF HIMACHAL PRADESH Vs. SUBHASH SINGLA

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgment dated 2.1.2002 passed by the learned Sessions Judge, Bilaspur, in Sessions trial No. 16/3 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).

(2.) THE prosecution story, in brief, is that PW -7 ASI Rajinder Singh had laid a Naka at Kainchimour near Swarghat. At that time he was accompanied by ASI Gautam Chand, HC Vinod Kumar, HC Raghubir Singh, HC Karam Chand, Constable Dev Raj and Constable Sher Singh. At about 2.45 p. m on 5.7.2001 a bus bearing registration No. CH -0IG -8152 belonging to Chandigarh Roadways was stopped. This bus was going from Manali to Chandigarh. PW -7 ASI Rajinder Singh alongwith PW -2 Vinod Kumar entered the bus and checked the luggage of the passengers. According to the prosecution the accused was sitting on seat No. 29 with his luggage. He had kept one Pithu (rucksack) between his legs. Behind this Pithu there was another polythene bag. Inside the polythene bag there was another polythene packet which was wrapped in a piece of cloth. When the cloth and the inside plastic cover were opened the contraband was found which on smelling appeared to be charas. Thereafter, the accused, who was alleged to be the owner of the aforesaid bag alongwith the witnesses, was taken to the police check post. On weighment the entire charas was found to be 1 Kg. and 700 grams. From the charas so recovered, two samples of 25 grams each were drawn and thereafter these samples and remaining charas were sealed in three separate cloth parcels bearing seal impression ˜A'. Seizure memo Ext.PB was prepared and the Pithu was taken into possession vide seizure memo Ext.PH. After completing other codal formalities the case property was brought to the police station and the same was handed over to PW -8 Shri Chamel Singh, SHO, who in turn resealed the said parcels with seal bearing impression "R" and he handed over the same to PW -4, MHC Surinder Paul. Thereafter, one of the samples was sent to the CTL Kandaghat and on chemical analysis vide report Ext.PP the sample was opined to be that of Charas having resin content of 28.6%. On the basis of the aforesaid material the accused was charged with having committed an offence punishable under Section 20 of the Act.

(3.) PW -7 ASI Rajinder Singh has supported the prosecution version. Similarly, PW -2 Head Constable Vinod Kumar, who is the other police official who entered the bus, has also supported the prosecution version. However, two independent witnesses who have been examined by the prosecution have not at all supported the prosecution version.