STATE OF HIMACHAL PRADESH Vs. GULAB SINGH

JUDGEMENT

(1.) State has appealed against the judgment dated 29.3.2008 of the learned Special Judge, Fast Track, Kullu, Himachal Pradesh, passed in Sessions Trial No.59/06 (55/07), titled as State v. Gulab Singh, challenging the acquittal of respondent Gulab Singh (hereinafter referred to as the accused), who stands charged for having committed an offence punishable under the provisions of Section 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as the NDPS Act).

(2.) It is the case of prosecution that on 9.2.2006, SHO Jagdish Chand (PW-8) alongwith Constable Roop Singh (PW-1), Constable Vivek Kumar (PW-2) and Constable Om Prakash (not examined) was present near Nehru Kund, in connection with patrol duty and detection of crime. At about 7 a.m., accused came on a motorcycle, which upon signal was stopped. When accused was asked to show documents of the vehicle, he threw away a polythene packet, left the vehicle on the spot and fled towards the river side. Despite efforts he could not be apprehended by the police party. Also, Constable Vivek Kumar (PW-2), on the asking of SHO Jagdish Chand, could not find independent witnesses. Hence, police officials were associated for conducting the proceedings on the spot. Jagdish Chand associated Roop Singh (PW-1) and Vivek Kumar (PW-2) as witnesses and recovered Charas in the shape of sticks, which on weighment was found to be of 500 grams. Two samples of 25 grams each were drawn. Samples as also bulk parcel were sealed with seal impression T (five in number) and NCB form (Ex. PN), in triplicate, was filled up on the spot. Vide recovery memo (Ex.PB), contraband substance as also motorcycle were taken into possession. On the basis of Ruka (Ex.PP), taken by Constable Vivek Kumar, FIR No.25 dated 9.2.2006 (Ex. PJ), under the provisions of Section 20 of the NDPS Act was registered at Police Station, Manali, by Hari Singh (PW-6). Special report (Ex. PH) was sent to Dy.S.P. Manali on 9.2.2006. Accused was arrested. Contraband substance and the motorcycle were handed over by Jagdish Chand to MHC Hari Singh (PW-6). Dot Ram (PW-4), father of the accused, handed over the Registration Certificate (RC) (Ex. PR) of the motorcycle, which was taken into possession vide Memo (Ex. PD). Sample was sent by the MHC, through Constable Bir Singh (PW-7) for chemical analysis to the Forensic Science Laboratory (FSL), Junga. Report (Ex. PC) was taken on record, which confirmed the contraband substance to be Charas. As such, with the completion of investigation, which revealed complicity of the accused in the alleged crime, challan was presented in the Court for trial.

(3.) Accused was charged for having committed an offence punishable under the provisions of Section 20 of the NDPS Act, to which he did not plead guilty and claimed trial.