STATE OF HIMACHAL PRADESH Vs. PUNIT AND OTHERS

JUDGEMENT

(1.) Heard and gone through the record.

(2.) The State has laid a challenge to the impugned judgment of acquittal passed by the learned Special Judge (FTC) Chamba, in Sessions Trial No.8 of 2012 decided on 20.7.2012 acquitting the respondents for the offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, in short 'the Act' , for allegedly keeping in possession 4.500 Kgs Charas.

(3.) In short, the prosecution is that on 12.2.2012, PW9 Inspector Jagdish Chand, SHO, Police Station Tissa (Chamba) was heading a Police patrol party in the area falling in his jurisdiction. When the said party reached Syal Bag, Tissa Colony, by then it was 12.00 noon, suddenly, they noticed a Car bearing registration No.DL-3C-AA-8685 coming from the side of Bihali. It was stopped for checking. Respondent Punit was on the driving wheel and adjacent to him, respondent Banti @ Gian Chand was occupying the front seat and respondent Lachho Ram was on the rear seat. Said Banti and Lachho Ram both had tried to escape, but they were nabbed by the police party. It aroused suspicion. Thus, the person sitting on the driving wheel was enquired into regarding his identity and whereabouts and also identity of other accused persons. To be precise, on checking the vehicle aforesaid Police recovered 4.500 Kgs. contraband. The whole recovered stuff was sealed with seal impression "A" in a parcel Ext.P1 in the presence of PW3 Shakur Ahmed who was a passer- by and PW1 ASI Tibati Ram. Seal impression was also taken on a piece of cloth Ext.PW1/C and NCB forms in triplicate were filled in. The facsimile was also appended thereon against the relevant columns. A ruqa Ext.PW1/E was sent for registration of the case, which culminated into present FIR.