STATE OF HIMACHAL PRADESH Vs. JOGINDER SINGH

JUDGEMENT

(1.) Assailing the judgment dated 31.07.2008, passed by learned Special Judge, Presiding Officer, Fast Track Court, Mandi, H.P., in Sessions Trial No.13 of 2007, titled as State of Himachal Pradesh Versus Joginder Singh, 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 26.10.2006 ASI Shiv Singh (PW.7) along with the police officials Constable Param Dev (PW.2), HHG Som Dutt and Head Constable Gandhi Ram was on patrol duty at Bana-Gad Nullah. They saw accused carry a packet in his hand. Seeing the police party, he got perplexed and tried to flee away but however, on suspicion was apprehended. Independent witnesses Inder Singh (PW.3) and Uttam Chand (not examined) were associated. Packet carried by the accused was searched, from which charas in the shape of balls was recovered, which upon weighment was found to be 400 grams. Two samples of 25 grams each were drawn and packed separately. Sample as also bulk parcel were sealed with seal impression 'M'. NCB form (Ex.PW.7/C) was filled up in triplicate. Constable Param Dev (PW.2) carried Rukka (Ex.PW.2/A) to Police Station, Aut, District Mandi, H.P., where FIR No.131/06 dated 26.10.2006 (Ex.PW.5/A) was registered against the accused, under the provisions of Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as NDPS Act). Contraband substance was seized and accused was arrested. Case property was entrusted to Inspector Pritam Chand (PW.8), who resealed the same with seal impression 'T', whereafter, he deposited the same with MHC Prakash Chand (PW.5). Constable Bhupinder Singh (PW.4) took the sample for chemical analysis to the Central Forensic Science Laboratory, Chandigarh and report (Ex.PW.7/E) obtained by the police. Investigation revealed complicity of the accused in the alleged crime hence Challan was presented in the Court for trial.

(3.) The accused was charged for having committed an offence punishable under the provisions of Section 20 of the NDPS Act, to which he did not plead guilty and claimed trial.