STATE OF HIMACHAL PRADESH Vs. TEK SINGH

JUDGEMENT

(1.) ASSAILING the judgment dated 22.07.2009, passed by Special Judge, Fast Track Court, Kullu, H.P., in Sessions Trial No.02 of 2009, titled as State Versus Tek Singh, State has filed the present appeal under the provisions of Section 378 of the Code of Criminal Procedure, 1973.

(2.) IT is the case of prosecution that on 27.04.2008, Dy.S.P. Amar Nath alongwith other police officials Ajay Kumar (PW.2), Mohan Dass (PW.3) and Paras Ram (PW.8) was present at village Dug in Garasa valley (Kullu), when they noticed opium poppy cultivated in the fields of the accused. Surender Kumar (PW.5), President of the Gram Panchayat, was called on the spot, who disclosed that fields belonged to accused Tek Singh. By associating Surender Kumar (PW.5) and Paras Ram (PW.8), police officials got the fields demarcated through Patwari Durga Singh (PW.1). On Khasra No.1755 allegedly owned and possessed by accused, 2000 poppy plants were found to have been grown by him. Two samples of 25 opium poppy plants were sealed with seal impression 'H' and seized as sample. NCB forms were filled up on the spot. Special report (Ex.PL) was sent to the superior officer. Mohan Dass (PW.3) took Rukka (Ex.PR) to Police Station, Kullu, on the basis of which FIR No.261 of 2008, dated 27.04.2008 (Ex.PM) was registered by Pratap Singh (PW.7), under the provisions of Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as NDPS Act), against the accused, who was arrested on the spot. Case property, including the contraband substance was entrusted to MHC Ram Krishan (PW.4), who sent the sealed sample for chemical analysis vide Road Certificate (Ex.PF), through Constable Narender Singh (PW.13). Report of the Chemical Analyst (Ex.PX) was obtained by the police. With the completion of investigation, which prima facie revealed complicity of the accused in the alleged crime, Challan was presented in the Court for trial.

(3.) THE accused was charged for having committed an offence punishable under the provisions of Section 18 of the NDPS Act, to which he did not plead guilty and claimed trial.