STATE OF H.P. Vs. HANACHO ALIAS STEWART

JUDGEMENT

(1.) This appeal has been preferred by the Appellant-State (hereafter referred to as the State) against the judgment dated 14.2.2003 passed by the learned Sessions Judge, Kullu, whereby the Respondent/accused (hereafter referred to as the accused) has been acquitted of the head of charge under Section 20 of the Narcotic Drugs and Psychotropic Substances Act (hereafter referred to as the NDPS Act).

(2.) Case of the prosecution in brief is that on 20.4.2002, SI Vikas (PW-11) alongwith HC Naresh Chand (PW-8), HC Pritam Chand, HHC Narpat and constable Gurdial Singh (PW-9) was present near Shivalik Hotel at Manikaran on routine patrolling. At about 4 p.m. the accused was noticed near Shivalik Hotel coming from Barshani side carrying a Pitthu (bag) and a pillow. Since the accused was a foreigner, therefore, the police officials thought it essential to take her search. Narinder (PW-6) and Sher Singh (PW-7) were joined to witness the proposed search. The accused was given the option of being searched before a Gazetted Officer or a Magistrate vide Memo. Ext. PW 6/A and she consented to be searched by the Police present on the spot. Thereafter, SI Vikas (PW-11), the Investigating Officer in the case, gave personal search vide Memo. Ext. PW 6/B and then conducted the search of the bag and the pillow carried by the accused. On such search, Charas was found concealed in the cotton of the pillow. The recovered Charas weighed 5.5 kgms. Out of the recovered Charas two samples of 25 grams each were separated. The bulk Charas and the samples were made into separate parcels and were sealed with seal impression 'A' NCB forms were filled in triplicate by the Investigating Officer and seal impression Ext. PW 6/C was separately retained. Panchnama Ext. PW-6/D about the search and seizure was prepared and a copy thereof furnished to the accused. The accused was apprised of the offence committed by her and the punishment provided therefor vide Memo. Ext. PW 6/E. It was also found that the passport of the accused had expired on 14.4.2002 which was taken in possession vide Memo. Ext. PW 11/A and the accused was thus found over staying in India without a passport (Visa ). PW-11 prepared the Ruka Ext. PW 11/B and sent it for registration of a case and as a consequence formal FIR Ext. PW 10/A was recorded at Police Station, Kullu, by Insp. Jindu Ram (PW-10). PW-11 produced the case property before PW-10 who resealed the same with seal 'H' and deposited the same with MHC Bhagat Ram (PW-4) who after making entries Ext. PW 4/A deposited the same in the Malkhana. One of the sealed samples alongwith NCB form and other documents was handed over by PW-4 to constable Dalip Kumar (PW-2) on 21.4.2002 who handed over the sample and accompanying documents in CTL, Kandaghat on 22.4.2002. Special Report Ext. PW 1/A was prepared and handed over by PW-11 to the Deputy Superintendent of Police (Headquarters). As per the report of the Chemical Examiner, Ext. PW 10/E, the sample was found that of Charas.

(3.) Inspector Sanjay Kumar (PW-5) moved an application Ext. PW 5/ A annexing therewith the inventory, Ext. PW 5/B for taking sample and photographs of the Charas in the presence of the learned Chief Judicial Magistrate, Kullu, who allowed the application vide order Ext. PW 5/D and issued the certificate Ext. PW 5/C. On completion of the investigation and being satisfied of the commission of the offences by the accused a charge-sheet was submitted against the accused who came to be tried by the learned Sessions Judge, Kullu, on a charge under Section 20 of the NDPS Act and Section 14 of the Foreigners Act.