STATE OF HIMACHAL PRADESH Vs. SUNDER SINGH

JUDGEMENT

(1.) Present appeal filed against the judgment passed by learned Special Judge Shimla in Sessions trial No. 5- S/7 of 2008 titled State of H.P. vs. Sunder Singh.

(2.) Brief facts of the case as alleged by prosecution are that on dated 12.10.2007 PW10 ASI Barjinder Singh of P.S. Theog along with H.C. Shashi Kumar and H.C. Devinder Nath, C. Bittu Verma, HHG Brij Lal, HHG Bhagat Ram were on patrolling in vehicle No. HP-07-5328 which was driven by driver Gulzar Mohammad and in this regard entry in daily diary Ext.PW7/A was made and vide Ext.PW7/B another vehicle was requisitioned to the spot. It is further alleged by prosecution that at about 10.35 AM when they reached at Matiana Nagjubbar link road near Shiv Mandir at that time one Maxi No. HP-63-1538 came from Banada Ghati side which was signaled to stop by the police. It is further alleged by prosecution that vehicle was stopped at a distance in which two persons including driver were present in the vehicle who tried to flee away and police party apprehended both of them. It is also alleged by prosecution that on inquiry accused disclosed his identity as Sunder Singh son of Sewak Ram resident of Kui Matiana and driver disclosed his identity as Krishan Lal. It is further alleged by prosecution that thereafter police party conducted routine search and 200 grams of charas was found from conscious and exclusive possession of accused. It is further alleged by prosecution that out of recovered charas 50 grams charas was taken out and it was divided into two packets of 25 grams each and were sealed into two samples which were marked as A-1 and A-2. It is further alleged by prosecution that bulk charas was also kept in separate cloth parcel. It is also alleged that charas is Ext.P1, cloth parcel is Ext.P2, another sample parcel is Ext.P3 and bulk charas is Ext.P4 and it is further alleged by prosecution that sample of seal is Ext.P5 and jacket was also recovered. It is further alleged by prosecution that NCB form in triplicate was also filled at the spot and seal after use handed over to HC Devinder Nath and vehicle was took into possession along with documents. It is further alleged by prosecution that recovered charas and bulk charas were took into possession vide memo Ext.PW1/A and separate seal impression was also obtained on a piece of cloth Ext.P6. It is further alleged by prosecution that driving licence of Krishan Lal was also took into possession and exhibited as Ext.P8. It is further alleged by prosecution that after use the seal was handed over to HC Devinder Nath vide memo Ext.PW1/B and NCB form Ext.PW10/A was prepared. It is further alleged by prosecution that ruka Ext.PW2/A was forwarded through C. Bittu Verma to P.S. Theog and on the basis of which FIR Ext.PW4/B was registered. It is also alleged by prosecution that grounds of arrest were informed to accused vide memo Ext.PW10/D and special report Ext.PW4/A was prepared and was sent to S.P. Shimla. It is further alleged by prosecution that copy of FIR is Ext.PW4/B and case property along with documents were deposited in the malkhana. It is further alleged by prosecution that thereafter MHC Man Dev forwarded the copy of FIR, copy of sample of seal and copy of docket, copy of recovery memo and RC No. 84/07 through C. Ranvir Singh to FSL Junga on dated 13.10.2007 at about 8.40 AM vide Ext.PW7/F. It is further alleged by prosecution that thereafter police officials came back and reported that due to holiday in FSL Junga samples and documents could not be deposited and thereafter samples and documents were kept in malkhana. It is further alleged by prosecution that thereafter on dated 15.10.2007 HC Man Dev again deputed C. Ranvir Singh along with sample of charas and documents to FSL Junga who after depositing the same returned the RC to MHC Man Dev. It is further alleged by prosecution that as per chemical analysis report Ext.PX sample was found that of charas and vehicle was released to rightful owner.

(3.) Charge was framed against accused by learned special Judge Shimla on dated 7.6.2008 under Section 20 of the Narcotic Drugs and Psychotropic Substances Act. Accused did not plead guilty and claimed trial.