STATE OF H.P. Vs. LAL CHAND

JUDGEMENT

(1.) THE instant appeal is directed against the judgment of acquittal, rendered on 4.12.2007, by the learned Additional Sessions Judge, Fast Track Court, Dharamshala, District Kangra, H.P., in Sessions Trial No. 31/07, whereby the respondents have been acquitted for theirs having committed offence punishable under Section 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (herein -after referred to as 'NDPS Act').

(2.) THE prosecution story, in brief, is that on 3.6.2007, a police party, headed by SI Gulzari Lal, proceeded on patrol duty and laid Naka near Chamunda, at place known as Eco Khad. While conducting checking of the vehicles, passing from there at about 3.10 a.m., they noticed one motor -cycle coming from the side of Chamunda, which was being plied by Lal Chand and Ghambir Chand was the pillion rider. On being signaled, the motor -cycle was stopped and thereafter checking of the same was conducted. On checking the dickey of the motorcycle, two plastic bags were found, which were suspected to be containing Charas. On weighment, one bag was found containing three Kilograms and the other bag, two Kilograms of Charas, respectively. Out of the aforesaid bags, two samples of 25 grams each were taken. The samples as well as the bulk of the Charas were packed separately. In total, six parcels were prepared and sealed on the spot. Seizure memo, as well as NCB Forms, were prepared. Thereafter, the accused as well as the case property, along with motor -cycle, were taken to the Police Station, Dharamshala, where the case property, along with motor -cycle, was deposited with the MHC. The MHC sent two samples for test to be chemically analyzed at FSL, Junga, which were reported to be containing Charas.

(3.) IN order to prove its case, the prosecution examined as many as 10 witnesses. On closure of the prosecution evidence, the statements of the accused under Section 313 Cr.P.C. were recorded, in which they pleaded innocence. On closure of proceedings under Section 313 Cr.P.C., the accused were given an opportunity to adduce evidence, in, defence, and they chose not to adduce any evidence in defence.