STATE OF HIMACHAL PRADESH Vs. LAL BAHADUR

JUDGEMENT

(1.) THE Trial Court acquitted the respondent (hereinafter to be referred as 'accused') on the grounds of alleged contradictions in the statements of the official witnesses and also that the independent witnesses have turned hostile, in the case under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, in short 'the Act' for allegedly keeping in possession 850 grams of 'charas'.

(2.) IN short the prosecution story can be stated thus. On 18.01.2007, at about 7.10 p.m. PW-9 ASI Deva Nand, Incharge CIA Staff, Solan, was heading a police party and was present on National Highway-22 at a place known as Rabon, near Uday Vihar. They spotted the accused holding a gunny bag in his right hand coming from the opposite side. The aforesaid ASI Deva Nand conducted search of the gunny bag. It was found to have contained 'charas' in the above quantity, which was in the form of sticks packed in a cloth bag. The accused alongwith the contents of the aforesaid bag was taken to the shop of PW-4 Shankar Lal, which was at a distance of about 50 meters where the recovered stuff was weighed, out of which two samples of 25 grams each were separated and sealed with seal impression 'B'. The remaining bulk was also sealed with the same seal alongwith the gunny bag. The sample seal was taken on a piece of cloth and the facsimile was taken on the NCB form in triplicate which were filled in on the spot.

(3.) THE police prepared the site plan of the place of alleged recovery. Statements of the witnesses were recorded. The accused was arrested and grounds of arrested were informed to him. The accused as well as the case property were produced before PW-8 S.I. Anil Daulta, who was Additional SHO, Solan. The case property was resealed with seal impression 'A' and its facsimile was also taken on a piece of cloth. A certificate to this effect was issued. Thereafter the case property alongwith sample of seals was deposited in 'malkhana' with PW-7 MHC Sunil Kumar for safe custody.