STATE OF HIMACHAL PRADESH Vs. GURMEET SINGH

JUDGEMENT

(1.) THIS appeal is directed against the judgment, dated 31.12.2007, passed by the learned Additional Sessions Judge, Fast Track Court, Solan, District Solan, H.P. in Case No. 10 FTN/7 of 2007, whereby the respondent, who was charged with and tried for offences punishable under Sections 15 and 18 of The Narcotic Drugs and Psychotropic Substances Act, 1985, has been acquitted. Case of the prosecution, in a nut -shell, is that on 18.09.2006 at about 7:30 a.m., while a police party headed by S.I. Kamal Kishore (PW -14), was present at Rajpura, a secret information was received to the effect that the respondent -accused, resident of Jagatkhana, was indulging in the trade of sale of Bhuki and opium. The secret information was reduced into writing. A copy of the same was sent to S.D.P.O., Nalagarh through Constable Gurnaib Singh. PW -14, Inspector Kamal Kishore constituted a raiding party. PW -3, Balwant Singh and PW -5, Shyam Lal were associated as independent witnesses. The house of the respondent was searched. A polythene packet containing opium was recovered from the kabar kept in the gallery of the residential house. One tappa, containing Bhuki was also found to be kept near the kabar. Thereafter, the police party conducted the search of another house of the accused, which was under construction. During search, one boru (sack) was recovered. On search of the boru, 17 packets containing Bhuki were also found. The recovered opium was weighed. It weighed 100 grams. Two samples of 25 grams each were separated from opium. The sample packets were sealed and marked as S -1 and S -2. The remaining opium was also sealed and packet was marked as Ex. -P1. The Bhuki was also weighed. It weighed 24 kgs. Out of the recovered 1 Kg, 4 Kgs. and 19 Kgs. Bhuki, six samples of 250 grams each were drawn, i.e., two samples from 1 kg Bhuki, two samples from 4 kgs. Bhuki and two samples from 19 kgs. Bhuki. The samples were parceled and sealed. The balance Bhuki was also parceled and sealed. The samples and recovered Bhuki were taken into possession by the police. A ruka was sent to the police station, on the basis of which, an FIR was registered. The case property was re -sealed by Shri Som Dutt, SHO, Police Station, Nalagarh and deposited in the malkhana. A special report was also sent to Superintendent of Police, Solan. The case property was produced before the learned Judicial Magistrate, 1st Class, Nalagarh and a certificate to this effect was obtained. As per the report of chemical examination, it was opined that the substance was opium and Bhuki. Thereafter, the challan was put up against the accused in the Court.

(2.) THE statement of the accused was recorded under Section 313, Cr. P.C. He pleaded not guilty. He also tendered in defence evidence jamabandi for the year 2001 -2002.

(3.) MR . Ramakant Sharma, learned counsel for the respondent has supported the judgment of the learned trial Court.