STATE OF HIMACHAL PRADESH Vs. SANGAT RAM

JUDGEMENT

(1.) The State has come-up in appeal against the judgment dated 1.11.2003 passed by learned Sessions Judge, Kullu in Sessions Trial No. 24 of 2003 whereby the respondents, hereinafter referred to as 'the accused persons', who have been acquitted from the charge under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, hereinafter referred to as 'the Act' in short, framed against each of them. The challenge to the impugned judgment is on the grounds, inter-alia that learned trial Judge has failed to appreciate the evidence available on record in its right perspective and recorded the findings qua acquittal of the accused in a perfunctory and slipshod manner and also on flimsy grounds. The testimonies of prosecution witnesses have been discarded without assigning any reason.

(2.) The present is a case where in the presence of PW-3 Shri Hans Raj and PW-4 Shri Aman Nag and that of police officials, namely, LHC Mast Ram (PW-5) and ASI Ram Sarup (PW-6), PW-9, S.I. Balwant Singh allegedly recovered charas weighing 1 kg. 650 gms. from the accused persons when reached near cinema hall at Sarwari Bazaar, Kullu on 1.11.2002 around 11.00 a.m. Before that consent of the accused persons qua their search by Sub Inspector Balwant Singh aforesaid was obtained. The consent memos Ex. PW-3/A and PW-3/B whereby both the accused allegedly agreed for being searched by PW-9 S.I. Balwant Singh, memos Ex. PW-3/C and Ex. PW-3/D whereby PW-9 Balwant Singh allegedly gave his search first to the accused persons and thereafter searched them, seizure memo Ex. PW-3/E whereby charas weighing 1 kg. 650 gms. was recovered from the bag, accused Sangat Ram carrying on his back and taken into possession, memo Ex. PW-3/F and Ex. PW-3/G whereby both the accused were informed about the nature of the offence they committed and the provision of sentence provided under law for the commission of the said offence, memos Ex. PW-3/H and Ex. PW-3/J qua the personal search of both accused and map of the spot Ex. PW-9/B were prepared on the spot in the presence of the witnesses. It is thereafter rukka Ex. PW-9/A allegedly was prepared on the spot and forwarded to the police station through PW-5 Mast Ram for registration of the case. NCB-I Form Ex. PW-1/C is also claimed to be filled-up on the spot. The Investigating Officer sealed the recovered charas in a parcel with seal 'B' and the charas separated for samples in two separate parcels weighing 25-25 gms. each with the same seal. The rest of the documents, that is, extract of malkhana register Ex. PW-2/A, R.C. Ex. PW-2/B, another extract of malkhana register Ex. PW-8/A and special report Ex. PW-8/B were also produced to connect the accused persons with the commission of the offence.

(3.) There are two sets of witnesses examined by the prosecution in order to sustain the charge against accused persons, i.e. PW-3 and PW-4, S/Shri Hans Raj and Aman Nag, independent witnesses, LHC Mast Ram PW-5, ASI Ram Sarup PW-6 and Sub Inspector Balwant Singh, the Investigating Officer, official witnesses. The 3rd set of witnesses examined are PW-1 ASI Karam Singh, the then officiating SHO, Police Station, Kullu, who on the receipt of rukka had recorded the FIR Ex. PW-1/A and with whom allegedly the case property was deposited, PW-2 HC Narain Singh to whom PW-1 had entrusted the case property alongwith NCB-I Form and sample 'C' for safe custody in the malkhana and who had forwarded one of the sample parcel to Forensic Science Laboratory for chemical analysis alongwith NCB-1 form, PW-7 HC Lal Singh who had deposited the sample parcel in CTL, Kandaghat and PW-8 Constable Kashmi Ram, who had taken Ex. PW-8/B the special report of this case to the office of Deputy Superintendent of Police, Kullu.