STATE OF HIMACHAL PRADESH Vs. NAND LAL

JUDGEMENT

(1.) STATE has appealed against the judgment dated 22.1.2013 of the learned Special Judge (Additional Sessions Judge), Mandi, District Mandi, Himachal Pradesh, passed in Sessions Trial No. 44 of 2010, titled as State of Himachal Pradesh v. Nand Lal, challenging the acquittal of respondent Nand Lal (hereinafter referred to as the accused), who stands charged for having committed an offence punishable under the provisions of Section 20(b)(ii)(B) of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as the Act).

(2.) CASE of prosecution is that on 30.1.2010, ASI Rajinder Kumar (PW -9), alongwith police party, comprising of HHC Ram Lal (PW -8), Rakesh Kumar and Chet Ram, were present at Naresh Chowk, in connection with Nakabandi. At that time, independent witnesses Rakesh Kumar and Hira Singh were also present. Police party saw the accused coming towards Bus Stand, carrying a red coloured bag in his hand. Seeing the police party, he tried to flee away, but however, after covering certain distance, was apprehended. On apprehension that he may be carrying some contraband substance, he was searched. 250 grams of Charas was recovered from the bag, which the accused was carrying with himself. The same was sealed with seal impression 'M'. Ruka (Ex. PW -9/B) was prepared and sent through Ram Lal (PW -8) to Police Station, BSL Colony, Sundernagar, where FIR No. 29 dated 30.1.2010 (Ex. PW -4/A), under the provisions of Section 20 of the Act was registered. Contraband substance was seized and accused was arrested. With the completion of necessary formalities, case property was entrusted to SHO Madan Dhiman (PW -4), who resealed the same with his seal impression 'A' and deposited with MHC Durga Dass (PW -5). The sealed parcel was sent through Constable Hari Singh (PW -1) to the Forensic Science Laboratory for analysis and report (Ex. PW -6/A) 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 establish its case, prosecution examined as many as 9 witnesses and statement of the accused under the provisions of Section 313 of the Code of Criminal Procedure was also recorded, in which he took plea of false implication.