STATE OF HIMACHAL PRADESH Vs. SHAM LAL

JUDGEMENT

(1.) FOR an offence, which is alleged to have been committed on 15.10.2004, accused was put to trial. In terms of judgment dated 31.12.2005, passed by the Sessions Judge, Chamba Division, Chamba, H.P. in Sessions Trial No.2 of 2005, titled as State v. Sham Lal, accused stands acquitted of the charged offence.

(2.) IT is the prosecution case that on 15.10.2004, S.H.O., Police Station, Dalhousie, Sh. Rajesh Kumar (PW-9), alongwith A.S.I. Ravi Kumar, H.H.C. Amin Chand, C. Ram Parkash, C. Ashok Kumar, C. Mazid Mohammad (PW3) and C. Latif Mohammad had laid Nakka at a place known as Devi Dehra near Rock Garden and Jalpa Mata Mandir, following within jurisdiction of Police Post, Banikhet. At about 10:15 a.m., one Tata Summo bearing registration No.HP-02-8996, driven by Sh. Rajesh Kumar (PW-1) was stopped by the police party for checking. While the vehicle was being checked, police saw one man coming from the Jalpa Mata Mandir side, carrying a bag on his shoulder. At that time, Sh. Tilak Raj (PW-2) who has a shop at Devi Dehra was also present there. On seeing the police party, the man got frightened. On suspicion, he was apprehended. Bag carried by him was opened, from which Charas like substance wrapped in a polythene envelope was recovered. On inquiry, person disclosed his name to be Sham Lal (accused). Scales from shop of Sh. Tilak Raj (PW-2) were brought by PW-3. Upon weighing, the contraband substance was found to be 5 Kilograms. PW-9 drew two samples of 25 grams each. Samples and the bulk parcel were sealed separately with seal impression `A', which was handed over to Sh. Tilak Raj (PW-2). Contraband substance was seized, necessary papers prepared and Rukka (Ex.PW7/A) sent through C. Ashok Kumar to Police Station, Dalhousie, where Sh. Vijay Singh (PW-7) recorded F.I.R. No. 107/04 dated 15.10.2004 (Ex.PW7/B) under Section 20 of the Narcotic Drugs and Psychotropic Substances Act. Sh. Ashok Kumar took F.I.R. to the spot. Sh. Rajesh Kumar (PW-9) also telephonically informed Police Station, Dalhousie for deputing Investigating Officer of Police Post, Banikhet for carrying out necessary investigation. Upon receiving such information by H.C. Ramesh Singh (PW-5), H.C. Subhash Singh (PW-8) proceeded to the spot. He reached there at about 12:30 p.m. when S.H.O. Rajesh Kumar (PW-9) handed over the case file, seized articles and custody of the accused to him and carried out further necessary investigation on the spot. Accused was arrested by H.C. Subhash Singh (PW-8). H.C. Subhash Singh deposited the contraband/seized articles alongwith N.C.B. form (Ex.PW5/E) with S.I. Vijay Singh (PW-7), M.H.C. Incharge, P.S. Dalhousie who re-sealed the sample with seal impression `H'. H.C. Subhash Singh (PW-8) prepared Special Report and sent the same to the Office of Superintendent of Police, Chamba, which was received by A.S.I. Saroop Kumar (PW-6). C. Mohammad Khan (PW-4) took the sealed sample from H.C. Ramesh Singh (PW-5) for carrying it to the Chemical Test Laboratory at Kandaghat. Report of the Chemical Examiner (Ex.PW5/E) was obtained by the police which revealed that contraband substance was Charas. As such, Challan was presented in the Court for trial.

(3.) IN order to prove its case, prosecution examined as many as twelve witnesses and statement of the accused under Section 313 Cr.P.C. was also recorded.