STATE OF HIMACHAL PRADESH Vs. MUSTKEEN

JUDGEMENT

(1.) PRESENT appeal is filed against the judgment passed by the learned Sessions Judge, Solan HP in case No. 3 -S/7 of 2008 titled State of HP Vs. Mushtkeen under Section 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as the 'Act')

(2.) IT is alleged by prosecution that on dated 2.3.2008 at about 2.10 PM near Kasauli Chowk Dharampur accused was found in exclusive and conscious possession of 150 grams of charas. It is alleged by prosecution that on dated 2.3.2008 PW8 Krishan Chand along with HHC Kanshi Ram and PW2 Constable Anil Kumar were on patrolling duty vide daily diary report Ext. PW3/G. It is alleged by prosecution that on dated 2.3.2008 at about 2.10 PM when said patrolling party reached near Kasauli Chowk it noticed that accused was coming from Sukijohri side towards Kalka on National Highway No. 22 and was in possession of red colour envelope in his left hand. It is alleged by prosecution that when accused saw police officials accused got frightened and suddenly turned towards Kasauli road and thereafter accused was apprehended. It is alleged by prosecution that PW8 Krishan Chand inquired from accused but accused could not give satisfactory answer to the question put by PW8 Krishan Chand and in the meantime PW1 Som Dutt and Chand Kishore Shopkeepers and other people also gathered at the spot. It is alleged by prosecution that on suspicion PW8 Krishan Chand conducted the search of the accused and charas was found inside the plastic envelope. It is alleged by prosecution that thereafter Chand Kishore was sent to bring weights and scales who brought the same and charas was weighed which was found 150 grams. It is alleged by prosecution that thereafter two samples of 25 grams charas were took out and remaining charas was also sealed in a parcel. It is alleged by prosecution that the sample impression of seal was obtained upon a piece of cloth Ext. PW1/B and thereafter seal was handed over to PW1 Som Dutt. It is alleged by prosecution that seizure memo and NCB forms were prepared and rukka was sent through constable PW2 Anil Kumar to Police Station Dharampur for registration of FIR. It is alleged by prosecution that spot map Ext. PW8/A was prepared. It is alleged by prosecution that special report was also handed over to Superintendent of Police Solan and report of chemical analyst was also sought from Forensic Science Laboratory Junga. Charge was framed against the accused under Sections 20(b)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. Accused did not plead guilty and claimed trial.

(3.) PROSECUTION also produced following piece of documentary evidence in support of its case: -