STATE OF HIMACHAL PRADESH Vs. HARISH KUMAR

JUDGEMENT

(1.) ASSAILING the judgment dated 14.10.2009, passed by learned Sessions Judge, Solan, H.P., Camp at Nalagarh, in Case No. 6 -NL/7 of 2008, titled as State of H.P. versus Harish Kumar, whereby respondent -accused stands acquitted, State has filed the present appeal under the provisions of Section 378 of the Code of Criminal Procedure, 1973.

(2.) IT is the case of prosecution that on 9.10.2007, SI/SHO Raj Kumar (PW -11) along with police party comprising HC -Neelam Kumar, Const. Mohan Singh, Const. Balwant Singh (PW -1) and Const. Balwinder Singh were on patrol duty when at about 8.25 p.m., near excise office Nalagarh, accused came on a motorcycle. Seeing the police party, accused tried to flee away but on suspicion apprehended. By associating two independent witnesses namely Sh. Bir Chand (PW -9) and Sh. Rakesh Kumar (PW -10), accused after being informed of his statutory right, was searched. A polythene packet, kept beneath the seat of the motorcycle, containing 200 grams of charas was recovered from his possession. Two samples of 25 grams each were drawn and sealed with seal impression -B. Bulk parcel was also sealed with the very same seal impression. Ruka (Ext. PW -1/C) was prepared and sent through constable Balwant Singh (PW -1), on the basis of which F.I.R. No. 265/2007, dated 9.10.2007 (Ext. PW -6/A), was registered at Police Station Nalagarh, Distt. Solan, against the accused under the provisions of Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act). Accused was arrested. The contraband substance alongwith NCB forms was handed over to MHC -Vishesh Kumar (PW -3). Sealed sample was sent for chemical analysis to the State Forensic Science Laboratory at Junga and report of the chemical analyst (Ext. PX) taken on record. 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.

(3.) IN order to prove its case, in all, prosecution examined eleven witnesses and statement of the accused under Section 313 Cr. P.C. was also recorded, in which he took plea of innocence and false implication. No evidence in defence was led by the accused.