STATE OF H.P. Vs. PURAN CHAND

JUDGEMENT

(1.) The State has come up in appeal against the judgment dated 6.12.2007 rendered by the learned Addl. Sessions Judge, Fast Track Court, Dharamshala, in Sessions Case No. 26- B/VII/07, Sessions Trial No. 30/07, whereby the respondentsaccused (hereinafter referred to as accused) who were charged with and tried for offence under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, were acquitted.

(2.) The case of the prosecution, in a nut shell, is that on 11.8.2007, the accused were travelling in a Maruti Van bearing No. HP-01-M-0518. It was driven by Ranu Ram and co-accused Puran Chand was sitting on the front seat. When the vehicle crossed Kangra-Mandi boundary check post and reached at a distance of half kilometer towards Baijnath, it was signaled to be stopped by the police party headed by ASI Partap Singh. 'Naka' was laid on the spot. Accused Ranu Ram did not stop the Van. He dashed the vehicle with a stone at a distance of 50 mts. from the place of occurrence towards Baijnath. The police immediately swung into action. It was found that near the hand break of the Van, in between both the seats of the driver and co-accused, a bag was found. It was checked. It contained 3.700 kg charas in the shape of sticks. The police, after conducting search of the bag took two samples of 25 gms. each from the charas. The samples and the bulk of charas were packed and sealed in cloth parcels. The police also filled in the NCB forms in triplicate. The accused were arrested. The case property was deposited with the MHC who made entry in the register and thereafter one of the samples was sent for chemical analysis to FSL Junga. The report was received and thereafter, the challan was put up after completing all the codal formalities.

(3.) The prosecution has examined as many as 8 witnesses. The accused were also examined under Section 313 Cr.P.C. The accused have denied having committed any offence. Their defence was of complete denial. The learned trial Court acquitted both the accused, as noticed hereinabove. Hence, this appeal, at the instance of the State.