STATE OF H.P. Vs. PARAS RAM

JUDGEMENT

(1.) THE instant appeal is directed against the judgment of acquittal, rendered on 29.12.2007, by the learned Special Judge, Mandi, H.P., in Sessions trial No. 33 of 2004, whereby the respondent has been acquitted for his having committed offence punishable under Section 18 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (herein -after referred to as 'NDPS Act').

(2.) THE prosecution story, in brief, is that on 7.12.2003, at about 2.15 p.m., a telephonic call was received from some unknown person by ASI Baldev, incharge Police Post, Darang, that scooter, bearing No. HP -33 -7358, coming from Narla towards Mandi and some contraband was being carried illegally in the said scooter. Thereafter, the report, under Section 42(2) of the Act, was sent through Constable Brij Lal to Dy. S.P. Ms. Subhra Tiwari. ASI Baldev Singh, along with Constable Ghanshayam, reached at National Highway, near Police Post, Darang, and joined Dr. Ravinder Kaundal, as an independent witness. Scooter, being driven by accused, was stopped and the respondent -accused was apprised that he was being suspected of carrying Charas as he has a right to get himself searched either before a Gazetted Officer or a Magistrate. The accused agreed for his search being carried out from the police party and gave his consent comprised in memo Ext. PB. ASI Baldev gave his personal search to the accused vide memo Ext. PC. Thereafter, he conducted the search of dickey of the scooter, from which two poly bags were recovered containing charas or opium. The recovered charas was weighed and found to be 2 Kgs and 500 grams. The Investigating Officer separated 2 samples of 25 grams each and put them in two sealed packets and sealed with seal H at 6 places. The remaining bulk was put in a single poly bag and sealed with seal H at 9 places. The seal, after use, was handed over to Dr. Ravinder Kaundal. The I.O. filled up the columns of NCB form Ext. PP and put seal impression H on the said form. The case property was taken into possession vide recovery memo Ex. PE duly signed by the witnesses. The accused was arrested vide memo Ext. PH and given memo of information of commission of offence comprised in memo Ext. PF. ASI Baldev sent Ruka Ext. PN through HHC Balbir for registration of the case and he handed over the same to K.D. Sharma, Inspector Police Station Sadar, who recorded the F.I.R. Ext. PO.

(3.) ACCUSED was charged for his having committed offence punishable under Section 18 of the NDPS Act, by the learned trial Court, to which he pleaded not guilty and claimed trial.