STATE OF H P Vs. BIMLA RANI

JUDGEMENT

(1.) Respondent was acquitted by the learned trial Court in Sessions Trial No. 3 of 206 decided on 27.9.2006 for the offence punishable under Section 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985 ( in short the 'Act'), for allegedly keeping in possession 2 Kgs Charas.

(2.) In short, prosecution story can be stated thus. On 13.10.2005, PW-13 HC Sukesh Kumar was present at Kheri Bridge (Banikhet) along with police party and SHO Rajesh Kumar Chabbra. They were busy in traffic checking and naka duty. In the meantime, respondent (hereinafter referred to as 'accused') was found coming from the opposite side having a red colour bag in her hands. She went towards the rain shelter, but, however, on seeing the police party, she tried to escape. On suspicion that she might possess some arm or ammunition, PW13 along with lady constable Sulekha Kumari, apprehended her, checked the bag which was in the hands of the accused, It was found containing 'Charas' in the shape of small balls and sticks. Her identity was asked, to which she disclosed and stated that she was from Jallandhar. Thereafter, he deputed C. Mazid Mohammad to arrange for the weights and scales which were brought. The recovered stuff was weighed. It came out to be 2 Kgs.

(3.) Pw-14 ASI Naresh Kumar was deputed and he reached the spot. Head Constable Sukesh Kumar, aforesaid, handed over the case property to him along with the accused and other articles as mentioned in the inventory articles Ext PW-13/B to which he took into possession . He also prepared the site plan Ext PW-14/A at the instance of HC Sukesh Kumar, thereafter recorded the statement of the witnesses. The accused was arrested, she was communicated the grounds of arrest Ext PW-14/B. Thereafter he reached the police station and handed over the case property to officiating SHO Kaur Chand PW-15. He re-sealed the sample parcel as well as the remaining bulk with seal impression 'T' and also fixed the facsimile of the seal on the NCB forms. Thereafter, he deposited the case property with PW-7, MHC Mohinder Pal, holding the charge of MHC, after retaining the specimen seal impression Ext PW-15/C.