STATE OF HIMACHAL PRADESH Vs. SIRI RAM

JUDGEMENT

(1.) The State has come up in appeal against the judgment rendered by the learned Sessions Judge, Solan, H.P. in case No. 6-S/7 of 2007 dated 19.2.2008, whereby the respondent-accused (hereinafter referred to as the accused) who was charged with and tried for offence under Section 20(b)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, was acquitted.

(2.) The case of the prosecution, in a nut shell, is that on 17.1.2007, Deep Ram S.I/S.H.O. Police Station, Kasauli alongwith other police officials had come to Bhoguri. At about 6:00 PM, they were present at Bhoguri Chowk. The accused was also there. The accused, on seeing the police party tried to run away. He was apprehended. He disclosed his name. The S.H.O. then sent Constable Jaswant Singh to call for the independent witnesses. He brought Chint Ram and Ram Dass and in their presence, the packet which the accused was carrying in his hand was checked. It was found to be containing charas. The same was weighed. It weighed 400 gms. He took two samples of 25 gms. each out of the recovered substance and put in two cigarette packets and sealed in two cloth parcels. The identification memo was prepared and NCB forms were filled in. The bulk substance was taken into possession in the presence of the independent witnesses. 'Rukka' was prepared by the S.H.O. and sent to the Police Station through Constable Jaswant Singh, on the basis of which FIR was registered. The spot map was prepared. The contraband was sent to FSL. The challan was put up after completing all the codal formalities.

(3.) The prosecution has examined as many as 11 witnesses to prove its case. The accused was also examined under Section 313 Cr.P.C. to which he pleaded not guilty. He denied the allegations of charas recovery from him. He examined DW-1 Ram Lal as defence witness. The learned Trial Court acquitted the accused, as stated hereinabove. Hence, the present appeal at the instance of the State.