STATE OF HIMACHAL PRADESH Vs. PYARE LAL

JUDGEMENT

(1.) THE Trial Court acquitted the respondent (hereinafter to be referred as 'accused') for the offence under Section 18 -61 -85 of the NDPS Act (in short, 'Act') for allegedly possessing 500 grams of 'opium'. Heard and gone through the record of the case.

(2.) PRECISELY , the facts giving rise to the present appeal can be stated thus. On 24.2.2006, PW -9, ASI Tapender Singh was heading a police patrol party. At around 9.30 P.M., they reached at Bus stand Baddi, where he received a secret information that the accused, who was a handicapped person, was selling opium to the customers near truck union, Kalyanpur. Finding this information credible, he associated Sh. Vinod Kumar (PW -2) and Sh. Kulwinder Singh (not examined) as independent witnesses and formed a raiding party. The said police officer also recorded reasons of belief on a piece of paper and sent through Constable Narinder Singh to SDPO (Parwanoo) for information. The raiding party proceeded towards Kalyanpur and on reaching near Lakhu dhaba, they found the accused standing on the road side selling opium puriyas (small packets) to the customers. The time was around 10.30 P.M. The accused on seeing the police tried to escape, but he was apprehended. His identity was asked to which he disclosed.

(3.) THE case property was taken into possession, vide memo Ext. PW -9/C, which was signed by Vinod Kumar and Kulwinder, as independent witnesses. Its copy was given free of cost to the accused. The sample of seal Ext. PW -9/D was separately taken on a piece of cloth and the seal after its use was handed over to witness Vinod Kumar, vide memo Ext. PW -9/E. Ruka Ext. PW -9/F was prepared and sent for registration of the case, on the basis of which FIR Ext. PW -9/G was registered. Site plan of the alleged recovery Ext. PW -9/H was prepared by the police. The statements of witnesses were also recorded. Special report Ext. PW -7/A was prepared with respect to search and seizure and sent to the Officer superior for information. The case property was produced before PW -10, who was acting as SHO. He re -packed and re -sealed each of the packets in separate cloth parcels with seal impression 'C'. These sample parcels were marked as 'S.1' and 'S.2' and remaining bulk as 'S'. He also took the sample of seal used by him and handed over the case property to MHC to keep it in Malkhana and issued the certificate Ext. PW -10/A with respect to the re -sealing. MHC Inder Lal deposited the case property in the Malkhana and one of the sample parcel was sent on 25.2.2006 for chemical analysis through PW.5 constable Girdhari Lal, vide RC Ext. PW -4/B. As per report Ext. PW -9/K, the Chemical Examiner was of the opinion that the sample contains the contents of opium.