STATE OF HIMACHAL PRADESH Vs. PARSHANT GILL

JUDGEMENT

(1.) ACQUITTAL of the respondent (hereinafter referred to as 'the accused), passed in Sessions Trial No. 5 of 2007 decided on 1.12.2007, 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'.

(2.) PRECISELY , the case of the prosecution is that on 17.12.2006 at about 4.30 p.m., police party headed by PW13 Sub Inspector Abtar Singh were near Kiani link road for checking vehicles. In the meantime one Maruti Car bearing registration No. HP48-5471 came from Pukhri side being driven by the accused. The documents of the vehicle were demanded by the said police officer but he could not produce the same, instead getting apprehensive that he might be having some illegal weapon with him, he was overpowered and searched in the presence of the witnesses. While conducting his personal search, police recovered a polythene envelop containing 1 kg 800 grams of charas which was in the back of the jacket worn by him. Out of the recovered quantity, two samples of 25 grams each were separate and sealed with seal impression 'M'. Remaining bulk was also sealed with the same seal. Seal after its use was handed over to PW1 Hoshiar Chand. NCB forms in triplicate were also filled in on the spot. Facsimile of the seal was used and also taken on each of the said forms. Driving license of the accused was taken in to possession. Case property was also taken into possession vide memo Ext. PW1/A in the presence of PW1 Hoshiar Singh and PW2 Hans Raj independent witnesses. Copy of memo was supplied to the accused free of cost. Ruka Ext. PW4/A was prepared and sent for registration of the case through constable Mehar Singh. Special report regarding search and seizure was also sent to the official superior within the statutory time.

(3.) IT is further the case of the prosecution that the case property was produced before PW12 ASI Onkar Singh in police station Chamba for re-sealing, who was acting as SHO. He is stated to have re-sealed the case property with seal impression 'B' and facsimile of the seal was also taken on the NCB forms as well as on the piece of cloth Ext. PW12/A. Thereafter the case property was received by PW10 MHC Ramesh Chand which was deposited in the malkhana alongwith NCB forms and sample of seals.