STATE OF HIMACHAL PRADESH Vs. MUKESH KUMAR

JUDGEMENT

(1.) STATE has appealed against the judgment dated 5.1.2012 of the learned Special Judge, Fast Track Court, Kangra at Dharamshala, Himachal Pradesh, passed in S.C.RBT No.26/D/VII -07, titled as State v. Mukesh and another, challenging the acquittal of respondents Mukesh Kumar and Sunil Kumar (hereinafter referred to as the accused), who stand charged for having committed an offence punishable under the provisions of Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act).

(2.) CASE set up by the prosecution is that on 19.6.2007, police party, headed by ASI Jitender Kumar (PW - 6), and comprising of Amrik Singh (PW -1), Mohinder (PW -2), Manoj Kumar (PW -3), Kailash Chand and Kuldeep Singh was present at Ghurlu Pul, in relation to traffic checking duty. At about 2.20 a.m., vehicle bearing No.HP -40A -2598 came from Yol side. Accused Mukesh Kumar was on the driver's seat and co -accused Anil Kumar was sitting beside him. The vehicle was checked and from the bag lying inside the vehicle, Charas was recovered, which upon weighment was found to be of 850 grams. Two samples of 25 grams each were drawn, which were sealed with seal impression 'A'. NCB form (Ex. PW -6/A) was filled up in triplicate. Impression of the seal was taken on a piece of cloth (Ex. PW -6/E) and the seal was handed over to Amrik Singh (PW -1). Contraband substance was seized vide Memo (Ex. PW -1/A), in the presence of Mohinder Singh (PW -2) and Amrik Singh. Ruka (Ex. PW -6/B) was sent through Manoj Kumar (PW -3) to Police Station, Dharamshala, where FIR No.120/07, dated 19.6.2007 (Ex. PW -6/C), under the provisions of Section 20 of the Act, was registered. W ith the completion of spot investigation, Jitender Kumar handed over the contraband substance and the samples to SHO R.P. Jaswal, who resealed the same with his seal impression 'T". Thereafter, it was handed over to MHC Anil Kumar (PW -8), who deposited the same in the Malkhana and kept it in safe custody. Sealed sample was sent for chemical analysis and report (Ex. PW -6/F) from the FSL, Junga was obtained by the police. Special report (Ex. PW -4/B) was also sent to the superior officer. W ith 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 were charged for having committed an offence punishable under the provisions of Section 20 of the Act, to which they did not plead guilty and claimed trial.