STATE OF HIMACHAL PRADESH Vs. CHAMAN LAL

JUDGEMENT

(1.) The respondents have been acquitted of the offence punishable under Sec. 15 of the Narcotic Drugs and Psychotropic Substances Act (for short 'ND&PS Act') by the learned Special Judge and, aggrieved thereby, the State has filed the instant appeal.

(2.) The case of the prosecution is that on 22/3/2010 at about 11.30 p.m., Inspector Baldev Thakur, the then S.H.O., Police 1 Whether the reporters of the local papers may be allowed to see the Judgment?Yes Station, Darlaghat, LHC Kamla Devi, HHC Ram Lal, Constable Mast Ram and driver Sunil Kumar along with an official vehicle had set up a 'naka' at Darla Chowk. At about 11.30 p.m., an Alto Car (A/F) of black colour came from the Police Station, Darlaghat side which was singalled to stop and a gunny bag was found lying on the backseat of the car. On being asked, the driver of the vehicle disclosed his name as Chaman Lal (respondent No.1) and another person occupying the front seat disclosed his name as Har Pal Singh (respondent No.2). They were asked to show the papers of the vehicle. The driver of the vehicle agreed to show the documents but instead of showing the same, his driver i.e. respondent No.1 drove the vehicle towards Chhamla. The police party chased the vehicle with the official vehicle. At a place known as 'Dori Ki Bawri', when the police party was about to apprehend the vehicle, respondent No.2 threw the gunny bag out of the moving car. The said bag on search was found to be containing poppy straw. However, since no independent witness was available, therefore, HHC Ram Lal was deputed to bring scale from Darlaghat. Accordingly, HHC Ram Lal brought an electronic scale and then poppy straw that was recovered was weighed and found to be 15 Kg 600 grams. The gunny bag was packed in a white colour bag and sealed with 9 seals of capital 'A'. NCB forms in triplicate were filled in on the spot. Facsimile of seal 'A' was taken on NCB form. Sample seal was separately taken on a piece of cloth and seal after use was handed over to LHC Kamla. Ruka was scribed and sent to the police station through HHC Ram Lal on the basis of which FIR No.31 dtd. 23/3/2010 was registered at Police Station, Darlaghat. The spot was inspected and site plan was accordingly prepared. The police party started the search for the vehicle as well as respondents. The black colour Alto Car was found parked outside the house of respondent Chaman Lal, who handed over the keys of the car to the police. When the car was opened, it was emitting smell of poppy straw and little dust of poppy straw was found to be lying on the backseat of the car. Respondent No.1 was arrested and he disclosed that the car was owned by Chinta Lal. The car was taken into possession by the police. The case property was deposited with the MHC. Special report of the case was sent to the SDPO, Darlaghat. Respondent No.2 was arrested on 2/5/2010. Documents of the vehicle were taken into possession by the police. The case property was sent to Laboratory for chemical examination and recovered poppy straw on chemical examination was opined to be sample of poppy straw.

(3.) After completion of the entire formalities, challan against the respondents was submitted in the Court. They were, later on, charged with the commission of offence punishable under Sec. 15 of the ND&PS Act on 2/4/2011 to which they pleaded not guilty and claimed trial.