STATE OF HIMACHAL PRADESH Vs. SANGAT RAM

JUDGEMENT

(1.) The moot point, which arises for consideration in the present appeal, is as to whether in the absence of any creditable evidence, establishing accused Sangat Ram to be in exclusive ownership or possession of the fields, over which opium poppy was being illegally cultivated, can he be convicted on the basis of testimony of police officials, namely Luxman Dass (PW-1), Puran Chand (PW-5) and SI Mitter Dev (PW-15), particularly when independent witnesses Mohar Singh (PW-8) and Dhani Ram (PW-9) have not supported the prosecution case.

(2.) State has appealed against the judgment dated 5.3.2010 of the learned Special Judge, Fast Track Court, Kullu, Himachal Pradesh, passed in Sessions Trial No.33 of 2009, titled as State v. Sangat Ram, challenging the acquittal of respondent Sangat Ram (hereinafter referred to as the accused), who stands charged for having committed an offence punishable under the provisions of Section 18 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as the NDPS Act).

(3.) It is the case of prosecution that on 13.5.2008, SI Mitter Dev (PW-15) accompanied by Constable Laxman Dass (PW-1), Constable Puran Chand (PW-5) and HHC Ajay Kumar (not examined), was on patrol duty at Chhoh Nullah, in relation to detection of crime. At about 12.15 p.m., they found opium poppy cultivated in several fields. Villagers informed them that the fields belonged to Sangat Ram, i.e. the accused. After associating, independent witnesses Mohar Chand (PW-8) and Dhani Ram (PW-9), police party clicked photographs (Ex. PW-15/A and 15/B) of the plants. On counting, the plants were found to be 1525 in number. Two samples of opium poppy, each containing ten plants, were removed from the fields and sealed in separate parcels. 25 opium poppy plants were also cut and sealed as a bulk parcel. They were sealed with seal impression 'H'. NCB form (Ex. PW-15/E) was filled up in triplicate on the spot. Ruka (Mark B) was taken by Constable Puran Chand, on the basis of which FIR No.56 dated 13.5.2008 (Ex.PW- 6/A), under the provisions of Section 18 of the NDPS Act, was registered at Police Station, Banjar. Special Report (Mark C) was prepared and sent to the Superior Officer, i.e. Office of the Additional Superintendent of Police, Kullu. The fields were got demarcated through Patwari Halqua Keshav Ram (PW-2) and revenue record (Ex. PW-2/A & 2/B) taken on record. Deputy Superintendent of Police, Kullu, ordered destruction of opium poppy on the spot, which was so done accordingly. SI Mittar Dev (PW-15) handed over the case property to MHC Uttam Chand (PW-6) and the same was deposited in the Malkhana. The sealed sample was sent for chemical analysis through Puran Chand (PW-5), who deposited the same at FSL Junga and obtained report (Ex. PW-14/A), which revealed the contraband substance to be opium poppy. With the completion of investigation, which revealed complicity of the accused in the alleged crime, challan was presented in the Court for trial.