STATE OF HIMACHAL PRADESH Vs. KHUB RAM

JUDGEMENT

(1.) THE instant appeal, is, directed by the State, against the impugned judgment, rendered, on, 1.9.2001 by the learned Sessions Judge, Kullu, Himachal Pradesh, in Sessions trial No. 47 of 2000, whereby, the learned trial Court acquitted the accused/respondents for theirs having committed an offence under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

(2.) BRIEF facts, of the case are, that, PW -5 R.P. Singh, Intelligence Officer, Narcotic Control Bureau, Chandigarh, along with his team, for, collecting intelligence, came to Kullu on 28.7.2000. On 30.7.2000, when he along with his team, was, present at Bathahar, he received a secret information about transportation of a huge haul of contraband from Bathahar towards Banjar. PW -5 along with Mr. O.P. Bhat, Investigating Officer, N.C.B. went, to, P.S. Banjar at 10.00 a.m. and informed SHO, P.S. Banjar by giving information Ex. PW5/A. Shri Kushal Sharma, PW -7, SHO telephonically conveyed the information to S.P. Kullu and entered the same in the daily diary at serial No. 24, dated 30.7.2000. PW -7 accompanied by Sh. R.P. Singh, Constable Vinod Kumar, S.I. Shiv Ram, ASI Narain Singh, H.C. Naresh Chand, H.C. Mohan Lal, constable Sunil Kumar, constable Uttam Singh, L.C. Hara Dei and team members of PW -5, went to Bhathahar and laid a Nakka at Faryadi Mor, 16 kilometers from Banjar. At 2.45 a.m., spotting head light of a vehicle from Bathahar, coming towards Banjar, the same was stopped and was found to be a Maruti car bearing No. DL -2CD -2489. The car was being driven by accused Ram Singh and accused Khub Ram was occupant of the car. Name of the accused were enquired into, who turned perplexed and four plastic bags kept in the dicky of the car were checked. On opening, they were found to be containing charas in the shapes of sticks. Charas with the help of testing kit was tested by Shri R.P. Singh and was found to be charas. One bag was marked "A" and Charas contained therein was found to be 9 kilo grams. Therefrom, three samples of 25 grams each were separated and marked X1, X2 and X3. Second bag was marked "B" and found to be containing 15 kilograms of charas. The charas of the bag was divided in two lots of 7.5 kilograms, each and both lots were marked as Y and Z. From both bags marked as Y and Z, three samples each weighing 25 grams were separated and marked Y1, Y2 and Y3, Z1, Z2 and Z3. The third bag was marked as "C" and it found to be containing 19 kilograms of charas. It was also divided into two lots and marked, as, M and N. From both those lots, 3 -3 samples each weighing 25 grams each were separated and marked as M1, M2 and M3, and N1, N2 and N3. On the fourth bag, distinct mark of D was affixed and the same was found to be containing 19 kilograms of charas. It was also divided into two lots of 9.5 kilograms and both lots were marked as O and P. Out of these lots, three samples each of 25 grams were separated and marked as O1, O2 and O3 and P1, P2 and P3. All samples were wrapped in polythene bag and thereafter wrapped with a cloth and sealed with seal bearing impression "H". The remaining lots of charas were packed in polythene bags and thereafter, polythene packets individually were wrapped in cloth bag, which was stitched and thereafter sealed with seal "H". Signatures of the witnesses were obtained on the packets and samples. Sample packets were put, in, the sample plastic bag from which particular charas was recovered and packets were also sealed by affixing seal impression "H". NCB forms were filled and seal entrusted to R.P. Singh. The entire case property was taken into possession vide memo Ex. PW5/B which was signed by the accused and the witnesses. Accused were then apprised about the offence, punishment provided for qua which memo Ex. PW5/A was prepared. The vehicle along with its documents was taken into possession vide recovery memo Ex. PW5/D. Shri Kushal Chand, SHO, Police Station Banjar sent a rukka, Ex. PW2/B, through constable Virender Kumar to Police Station Banjar, on the basis of which FIR Ex. PW2/A was entered by the MHC Narain Singh. Thereafter constable Virender Kumar brought the file to the spot after registration of the case. Specimens of the seal were taken on memo Ex. PW7/B. Photographs were also taken. On the evening of 31st July, 2000, 26 sealed packets of the case property were deposited with MHC Narain Singh, P.S. Banjar, who entered the same in the Malkhana register. Out of them, seven packets were sent to CTL, Kandaghat vide R.C. No. 30 of 2000. The copy of the information recorded in the daily diary, through, constable Bahadur Singh was sent to S.P. office, Kullu, through, constable Uttam Singh, where it was entered in the relevant register by ASI Lal Singh, Reader. On analysis of the samples, vide chemical report Ex. PW7/D, the contents were reported to be charas.

(3.) THE accused were charged for theirs having committed an offence punishable under Section 20 of the Act, by the learned trial Court, to which they pleaded not guilty and claimed trial. In order to prove its case, the prosecution examined seven witnesses. On closure of the prosecution evidence, the statements of the accused under Section 313 of the Code of Criminal Procedure, were recorded in which they pleaded innocence and claimed false implication.