STATE OF HIMACHAL PRADESH Vs. RAJESH DHIMAN

JUDGEMENT

(1.) This appeal by the State is directed against the judgment dated 28.12.2002, passed by the learned Sessions Judge, Kinnaur Sessions Division at Rampur Bushahr, H.P. in NDPS Case No. 03 of 2002, whereby the respondents, who were charged with and tried for offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, have been acquitted.

(2.) Case of the prosecution, in a nutshell, is that on 09.01.2002, ASI Purshottam Dutt (PW-8), Constable Sunder Singh (PW-1), Constable Bhup Singh (PW-2) and Sh. Bhopal Singh (PW-7) went to Shamshar for traffic checking. At about 1:00 p.m., a motorcycle came from Kandughat side. The motorcycle was not bearing any registration number. The motorcycle was driven by Gulshan Kumar and pillion rider was Rajesh Dhiman. The pillion rider of the motorcycle was carrying a bag on his back. The motorcycle was signaled to stop. The documents of the motorcycle were demanded. The accused became frightened. In the meantime, a Maruti Van bearing registration number HP-02-6276 came from Ani side, which was also stopped. Karam Chand (PW-3) and Shiv Ram were travelling in the Van. They were also associated in the investigation of the case. The accused were asked whether they intended to be searched before the Magistrate or Gazetted Officer or present police officials. Both the accused told that they intended to be searched before the police officials present on the spot. Consent memo Ex. PW-8/A was prepared. The police officials have also given their personal search to the independent witnesses. Thereafter, the bag was searched in the presence of independent witnesses. In the bag, two polythene bags were found, in which, charas was kept in the shape of balls, sticks and chapattis. PW- 7, Constable Bhopal Singh was directed to bring the weighing scale. The charas weighed 3 Kg. 100 grams. Three samples of charas 25 grams each were taken out for the purpose of sample. The remaining bulk of charas was sealed in a parcel with seal impression 'H'. Six seal impressions were fixed upon the parcels. The sample parcels were also sealed with three seals of impression 'H'. The memo Ex. PW-1/A was prepared and the seal after use was handed over to PW-3, Karam Chand. The NCB form in triplicate was prepared. The site plan, Ex. PW-8/D was also prepared by the Investigating Officer. The reasons of arrest were informed to the accused persons vide document Ex. PW- 8/E. The personal search of the accused was conducted vide memos Ex. PW-8/F and Ex. PW-8/G. Thereafter, a rukka, Ex. PW-2/A was prepared and the same was sent to the Police Station through PW-2, Constable Bhup Singh. A special report Ex. PW-6/A was also sent on the next day by the Investigating Officer. The NCB form in triplicate was also handed over to SHO, Police Station, Ani. The case property was re-sealed by S.H.O., Police Station, Ani. The samples were also sent for chemical analysis to Kandaghat. The report of the Chemical Analyst is Ex. PW-10/B. Thereafter, the challan was put up.

(3.) The prosecution has examined as many as ten witnesses. The accused were also examined under Section 313 of the Criminal Procedure Code. They pleaded not guilty and claimed trial. The learned trial Court has acquitted the respondents.