STATE OF HIMACHAL PRADESH Vs. JASVINDER SINGH

JUDGEMENT

(1.) Assailing the judgment dated 18.07.2008, passed by learned Special Judge, Kullu, H.P., in Sessions Trial No.1/06, titled as State Versus Jasvinder 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 01.01.2005, Head Constable Ranjeet Singh (PW.3) along with Constables Deepak Kumar (PW.1), Netar Singh (PW.2) and other police officials, was on patrol duty at Dhalpur Chowk. At about 01.15 AM (mid night), seeing the police party, accused who was coming from Circuit House side got perplexed and tried to flee away. Police officials saw him throw his handkerchief which he had taken out from the pocket of his pants. Ranjeet Singh (PW.3) after covering some distance apprehended him. Since no independent witness was present on the spot, Ranjeet Singh, by associating Constable Netar Singh (PW.2) and Head Constable Jai Krishan (not examined) conducted further investigation. Handkerchief thrown by the accused was picked up, its knot opened. Smack was found therein. Upon weighment it was found to be 9.5 grams. Two samples of one gram each were separated and sealed with four seals of seal impression 'T'. Likewise remaining parcel (Ex.P-1) was sealed. NCB form (Ex.PW.3/B) was filled on the spot. Case property was seized vide seizure memo (Ex.PW.2/A). On the basis of Rukka (Ex.PW.1/A) carried by Constable Deepak Kumar, FIR No.1/05, dated 01.01.2005 (Ex.PW.7/A) was registered at Police Station, Kullu, District Kullu, H.P., by Inspector Badri Singh (PW.7) under the provisions of Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as NDPS Act). File was taken back to the spot. With the completion of all formalities on the spot, Ranjeet Singh (PW.3) deposited the case property with Inspector Badri Singh (PW.7), who resealed the sealed parcels with his seal impression 'H'. The same was deposited with Head Constable Roop Singh (PW.5) and entry made in the malkhana register (Ex.PW.5/A). Sealed sample was taken for chemical analysis by Constable Bhader Singh (PW.4) who deposited the same at the Central Forensic Science Laboratory, Chandigarh. Report (Ex.PW.3/G) was taken on record by the police. With the completion of investigation, which 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 21 of the NDPS Act, to which he did not plead guilty and claimed trial.