STATE OF H.P. Vs. DESH RAJ

JUDGEMENT

(1.) State has appealed against the judgment dated 18.3.2008 of the learned Additional Sessions Judge, Fast Track Court, Solan, District Solan, Camp at Nalagarh, Himachal Pradesh, passed in Case No.20FTC/7 of 2007, titled as State of Himachal Pradesh v. Desh Raj, challenging the acquittal of respondent Desh Raj (hereinafter referred to as the accused), who stands charged for having committed an offence punishable under the provisions of Section 20(b)(B) of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as the NDPS Act).

(2.) On 18.4.2007, police party headed by SI Sita Ram (PW-11) was present at Shalaghat. At about 9.45 a.m., seeing the police party, accused Desh Raj got frightened and tried to flee away. On suspicion, he was apprehended. Suspecting that he may be possessing some narcotic substance, SI Sita Ram, after associating Joginder Singh (PW-4) and Arun Kumar as witnesses, apprised the accused of his statutory right and after obtaining his consent, searched him. From the pocket of accused, one packet, which appeared to be charas like substance, was recovered. It was weighed and found to be 250 grams. Two samples of 25 grams each were drawn and sealed separately with seal impression 'Y'. NCB form (Ex.PW-11/F) was filled up on the spot. On the basis of Ruka (Ex. PW-11/H), FIR No.39, dated 18.4.2007 (Ex. PW-5/A) was recorded at Police Station, Arki, District Solan, Himachal Pradesh. Accused was arrested. With the completion of formalities on the spot, contraband substance was deposited with the MHC. The sealed sample was sent for chemical analysis to FSL, Junga and as per report (Ex. PW-11/Q), it was confirmed that accused was carrying charas with himself. With the completion of investigation, which prima facie 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(b)(B) of the NDPS Act, to which he did not plead guilty and claimed trial.