STATE OF HIMACHAL PRADESH Vs. RAM LAL

JUDGEMENT

(1.) The short point, which arises for consideration, in the present appeal, is as to whether non-compliance of Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985, has rendered the prosecution case to be fatal or not. Also with independent witnesses Chaman Lall (PW-6) and Suresh Kumar (PW-7) not supporting the prosecution, whether uncorroborated testimonies of remaining police officials, namely Karam Chand (PW-4) and Ashok Kumar (PW-5), who conducted the search and seizure operations, can be relied upon, particularly when they cannot be said to be inspiring in confidence.

(2.) State has appealed against the judgment dated 11.1.2008 of the learned Special Judge, Presiding Officer, Fast Track Court, Mandi, Himachal Pradesh, passed in Sessions Trial No.24/2007, titled as State of Himachal Pradesh v. Ram Lal, challenging the acquittal of respondent Ram Lal (hereinafter referred to as the accused), who stands charged for having committed an offence punishable under the provisions of Section 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as the NDPS Act).

(3.) It is the case of prosecution that on 3.9.2006, HC Karam Chand (PW-4), alongwith police officials Abhimanyu (not examined) and Ashok Kumar (PW-5), was present in Jhatingri, in connection with excise raid and Nakabandi. At about 1.15 p.m., they saw the accused, who on seeing the police party tried to flee away, but on suspicion was apprehended. Suspecting that accused may be carrying some contraband substance, after associating independent witnesses, namely Chaman Lal (PW-6) and Suresh Kumar (PW-7), Karam Chand conducted search of the accused and from one of the pocket of his pants, contraband substance, which was kept in a packet (Ex.P-5), was recovered. Upon weighment, it was found to be 250 grams. Two samples of 25 grams each were drawn and sealed with seal impression 'A', four in number. The samples were marked as B1 and B2. Bulk parcel (Mark-B), was also sealed with the same seal impression. NCB form was filled in triplicate. Ruka (Ex.PW-4/D) was sent through Ashok Kumar to Police Station, Jogindernagar, where FIR No.211/06, dated 3.9.2006 (Ex. PW-10/B), under the provisions of Section 20 of the NDPS Act, was registered. Accused was arrested. Karam Chand handed over the case property alongwith the documents to SHO Parmod Kumar (PW-10), who resealed the same with his seal impression 'P', two in number, and deposited the same with MHC Milap Chand (PW-8). Special Report (Ex. PW-1/A) was prepared by Dharam Chand (PW-11), which was sent through Vijay Kumar (PW-2) and handed over to Shri Bimal Gupta, SDPO. Sealed sample was carried by Bhagat Ram (PW-3) to the CFSL, Chandigarh, vide Road Certificate (Ex. PW-8/C). Report of the CFSL (Ex. PX) was obtained by the police. 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.