STATE OF H.P. Vs. RAJESH KUMAR

JUDGEMENT

(1.) The instant appeal is directed by the State of H.P. against the impugned judgment rendered on 1.12.2012 by the learned Special Judge (Fast Track Court), Mandi in Sessions trial No. 42 of 2009, whereby, the learned trial Court acquitted the accused/respondents of theirs having allegedly committed the offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the NDPS Act).

(2.) Brief facts of the case are that on 10.01.2009, Inspector/Incharge SIU Mandi along with HHC Padam Singh, H.C. Prem Lal, left the office in Government vehicle No.HP-33-6202 being driven by Lalman and on a motor cycle No.HP-33B-0199 in connection with Nakabandi and were present at Dyodh Mod near Pandoh dam. The police party intercepted a Tata Sumo bearing registration No. HP-33E-0508 being driven by accused Rajesh Kumar and accused Sanjay Kumar was occupying the front seat by the side of the driver and accused Satish Kumar was occupying the seat on the back of the driver. Accused Rajesh Kumar, Sanjay Kumar and Satish Kumar were apprised of their legal rights to be searched either before Magistrate or Gazetted Officer vide memo Ex.PW4/A, Ex.PW4/B and Ex.PW4/C in the presence of the witnesses and the accused persons gave in writing that they are willing to be searched by the police. The photographs of the vehicle and of the accused were also taken by the Investigating Officer through official camera. The police party checked the vehicle and one packet was recovered from the right side of the dash board and two packets were recovered from the left side of the dash board of the vehicle which were wrapped with khaki tape and the three packets which were found in the possession of Rajesh Kumar accused . 1 kg 400 grams charas was recovered and two samples of 25-25 grams were drawn from these packets which were separately packed and sealed with 7 seals of 'D' and the bulk charas of one Kg 350 grams was also sealed with 7 seals of 'D', whereas on the personal search of accused Sanjay Kumar, two packets were found to be tied on his left leg and two packets were found to be tied on his right leg. These packets were opened and they were found to be containing black colour material in the shape of sticks and balls and on weighment, it was found to be 2 kgs out of which two samples of 25 grams each were drawn which were separately packed and sealed and the bulk charas 1 kg 950 grams were also sealed with seal 'D' at 7 places. On search of the black and green colour bag which was kept by accused Satish Kumar on left side of the seat, three packets wrapped with khakhi colour tape were recovered, which were opened and found containing black colour charas in the shape of sticks and balls. On weighment, it was found to be containing 2 kgs charas. Two samples of 25 grams each were drawn from the recovered charas and the samples of charas separately packed and sealed with seal 'D' at 7 places. NCB forms in triplicate were filled in by Sh. Jaishi Ram, Investigating Officer upon which seal impression "D' was embossed and sample seal was taken on cloth. The vehicle was also taken into possession. Ruqua was scribed and sent to police station through HHC Padam Singh for registration of FIR and the Investigating Officer prepared site plan, recorded statements of the witnesses and has given notice of arrest of the accused and information of the arrest was given to the persons as desired by the accused. On coming to the police station the case property was handed over along with NCB forms to the then SHO Haripal Saini for resealing, who resealed the case property with seal 'N' by affixing three seals on each parcel and prepared the reseal memo Ex.PW1/C and the specimen of seal also affixed on NCB forms and deposited the case property with MHC Nand Lal and he made the entry in the Malkhana register. On 12.1.2009, the case property was sent through PW-6 Nikka Ram for depositing in the office of FSL, Junga, who deposited the case property and handed over the receipt to the MHC. As per the report of the FSL Junga, Ex. P-6, the entire mass of the exhibit marked as A-1, B-1 and C-1 is a mixture of cannabis and the sample of charas.

(3.) On conclusion of the investigation, into the offence, allegedly committed by the accused, report under Section 173 of the Code of Criminal Procedure was prepared and filed in the Court.