STATE OF HIMACHAL PRADESH Vs. GURMEET SINGH

JUDGEMENT

(1.) RESPONDENT hereinafter referred to as 'the accused was chargesheeted, tried and acquitted for the offence punishable under Section 15 of Narcotic Drugs and Psychotropic Substances Act, 1985, in short "the Act" for allegedly keeping in his possession 5 kg of poppy straw in the bag on his scooter bearing registration No. PB -16 -A 8447. The acquittal has been challenged by the State in the present appeal. Heard and gone through the record.

(2.) IN short, prosecution case, as emerges from the evidence on record, can be stated thus. On 24.6.2005 ASI Dharam Dass was heading a police patrol party and had put a naka at Dabhota Barrier for traffic checking. Around 6.30 p.m., scooter aforesaid came from Nalagarh side being driven by the accused. It was signaled to stop but the accused tried to escape, however, he was apprehended by the police party. Accused was carrying white coloured boru (bag) kept on the foot rest of the Scooter. It was searched in the presence of Chaman Lal and Dinesh Jain witnesses. The boru is found to have contained poppy straw (bhuki) of 5 kg without permit. Out of the recovered stuff, two samples of 200 grams each were separated for chemical analysis. Each of the sample parcels were sealed with seal impression 'A'. NCB forms in triplicate were also filled in on the spot. Facsimile of the seal was taken on a piece of cloth Ext. PW1/C. Seal after its use were handed over to witness Chaman Lal. Case property along with scooter in question was taken into possession vide recovery memo Ext. PW1/A. The spot map Ext. PW1/B of the place of the alleged incident was also prepared on the spot. Ruka was sent for the registration of the case on the basis of which present FIR has been registered. The accused was arrested and grounds of arrest were informed to him in writing Ext. PW1/D.

(3.) ON 25.6.2005 one sample parcel marked as S1 which was also marked as P1 along with two samples of NCB forms, sample of seal, recovery memo and FIR was sent to CTL Kandaghat through HHC Basu Dev vide RC No. 69 of 2005. On its deposit, receipt was obtained on the back of the RC and it was handed over to MHC aforesaid.