STATE OF HIMACHAL PRADESH Vs. DHANI RAM

JUDGEMENT

(1.) Acquittal of the respondent, hereinafter referred to as 'the accused, passed by the learned trial Court in Sessions Case No. 41 of 2005 decided on 23.2.2007, has been challenged by the State in the instant appeal, for the offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, in short 'the Act' for allegedly keeping in his possession 750 grams of charas in a bag while travelling in HRTC bus No. HP-42-0803.

(2.) In short, prosecution case is that the police party headed by PW-14 ASI Palam Singh was on routine checking, at a place known as "Baloo". Around 7.45 pm, when the aforesaid bus of HRTC Chamba Depot arrived there from Bhanjruaru, it was stopped for checking. The accused was found sitting on seat No.37 having a bag in his lap. The bag of the accused was checked up. It contained 750 grams of charas. The weights and scale were arranged from the shop of PW-3 Sanjay Gupta and it was he who had allegedly weighed the recovered stuff, two samples of 20 grams each were separated therefrom. The samples were put in Four Square cigarette-packet separately and were sealed with seal impression 'P'. The remaining bulk of charas was packed in the same bag by making it a parcel and sealed in a cloth parcel with the same seal. NCB forms (Ext.PA) in triplicate were also filled in at the spot. The case property was taken into possession vide recovery memo Ext. PW-14/B. Ruqua Ext. PW-14/A was sent through Constable Shaukat Ali to the Police Station for registration of the case.

(3.) On the receipt of ruqua, SHO deputed PW-12 ASI Ravinder Kumar. On reaching the spot, PW-14 prepared the inventory Ext PW-12/A and handed over the case file along with the accused and case property to PW-12 aforesaid. Further investigation was conducted by him. He recorded the statements of the witnesses, arrested the accused and prepared arrest memo Ext. PW-12/E. The accused produced bus-tickets Ext. P-1 and Ext. P-2, which were taken into possession vide memo Ext. PW-1/A.