STATE OF HIMACHAL PRADESH Vs. PARAM DEV

JUDGEMENT

(1.) Assailing the judgment dated 12.12.2007, passed by learned Special Judge, Presiding Officer, Fast Track Court, Mandi, District Mandi, H.P., in Sessions Trial No.22 of 2007, titled as State of Himachal Pradesh Versus Param Dev, 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 18.03.2007, Head Constable Ram Lal (PW.8) along with other police officials, including HHC Tulsi Ram (PW.2), Constable Dev Raj (not examined) and Constable Surjit Kumar (PW.1), set up a Nakka at Parwara link road Kandah to Pandoh. At about 05.30 AM, accused was seen coming towards Parwara link road walking in the light of torch. Seeing the police party, he got perplexed and tried to flee away. On suspicion police chased and apprehended him. Accused was carrying a black coloured bag (Ex.P-2) on his right shoulder, it was opened from which another bag, red in colour (Ex.P-3) was found. The same was opened and charas, in the shape of ball and sticks was recovered which upon weighment was found to be 2 kilograms. Two samples of 25 grams each were drawn. Samples were sealed with seal impression 'T', six in number and the remaining bulk parcel sealed with seal impression 'T', ten in number. NCB form (Ex.PW.8/A/A) in triplicate was filled in on the spot. Rukka (Ex.PW.8/A) was sent through Constable Surjit Kumar (PW.1) to Police Station, Gohar, where FIR No.45/07 dated 19.03.2007 (Ex.PW.7/B) 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). With the file taken back to the spot, all necessary formalities were completed. Also accused was arrested. Head Constable Ram Lal (PW.8) deposited the seized and sealed property with Inspector Dabe Ram (PW.7). Special Report (Ex.PW.3/A) was sent to Deputy Superintendent of Police, Mandi. At the Police Station, Dabe Ram (PW.7) resealed the case property by embossing his seal impression 'A'. Six seals of the same impression were embossed on the parcel containing samples and ten seals of same impression were embossed on the bulk parcel. Sealed sample was sent for chemical analysis along with sample seals, NCB form and road certificate through HHC Pradeep Kumar (PW.4). Report of the Chemical Analyst (Ex.PW.8/D) obtained by the police, revealed the contraband substance to be charas. Investigation prima facie revealed complicity of the accused in the alleged crime hence Challan was presented in the Court for trial.

(3.) 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.