STATE OF HIMACHAL PRADESH Vs. ASHA RANI

JUDGEMENT

(1.) THE instant appeal, is, directed by the State, against the impugned judgment, rendered, on, 12.12.2007, by the learned Sessions Judge, Solan, Camp at Nalagarh, in, case No. 15 -NL/7 of 2006, whereby, the learned trial Court acquitted the accused/respondents, for, theirs having committed, an, offence punishable under Section 15 of the Narcotic Drugs and Psychotropic substances Act.

(2.) BRIEF facts of the case, are, that, on 21.11.2005, the police party headed by SI Kamal Kishore, and, comprising of ASI Rattan Chand, HC Rajinder Kumar, HC Neelam Kumar, Constable Inder Singh, Constable Gurbab Singh, Constable Kapil Mohan, Constable Ram Piara, and, lady Constable Saroj Kumari, had proceeded, on, patrol towards Rajpura, and laid a naka there. At Rajpura, they apprehended two persons, namely, Jarnail Singh and Harjinder Singh, who were going, on, scooter, and, on their checking, they were found, in, possession of Bhukki, and, on interrogation, they disclosed, that, they had purchased this Bhukki from Asha Rani, resident of Nalagarh. After recording reasons of belief, the SI sent the same, to, his superior Officer. Thereafter, they proceeded towards the residence of the accused. On route, Vandna Bansal and Krishan Kumar met them, and, they were also associated by them. On theirs arriving at the residence of the accused, the accused were found to be present there. SI Kamal Kishore, disclosed to the accused, that, he had suspicion of the accused indulging, in, the sale of Bhukki, and, apprised them, of, their right, to be searched before a Gazetted Officer, or, a Magistrate. The accused desired, to, give their search, to, the police party. Thereafter, the members of the police party gave their personal search, to, the accused, and, nothing was recovered. Subsequently, search of the accused, was, conducted but, nothing incriminating, was, recovered. Thereafter, search of the house was effected, and, from the kitchen, a bag concealed, in, the chimney hook with a string, was, found. It was taken out, and, on checking, it was found containing, six packets of "Bhukki". Each packet was weighed. One packet was found to be 500 grams, second 400 grams and the remaining four were 200 grams each in weight. Two samples of 50 grams each, were drawn from two packets out of the four packets of 200 grams, which were sealed, in, separate cloth parcel with seal impression T. The remaining parcels were sealed, in, separate cloth parcel with seal impression T, which was marked as P, and the two samples were marked as S -1 and S -2. The sample of seal, was, separately taken, on, a piece of cloth. SI filled, in, NCRB form, and, took into possession, the recovered Bhukki, vide a memo prepared, in, the presence of the witnesses. The investigating Officer prepared the spot map and recorded the statements of the witnesses. He then, arrested the accused persons. The case property alongwith two sample impressions of seal used, NCRB form, police docket, and, memos were deposited with MHC Kamal Nain by the SI. The special report was sent, to, SP Solan, and, thereafter the accused, and, the case property was produced before the learned ACJM, Nalagarh. One of the samples marked, as, SI was sent, to, CTL, Kandaghat alongwith impression of seal used, copy of recovery memo, copy of FIR etc for analysis, and, on, analysis the contents of the sample were found to be Bhukki (Poppy straw), and, on receipt of the chemical examiners report, the accused were challaned and sent up for trial to the learned trial Court.

(3.) IN order to prove its case, the prosecution examined 12 witnesses. On closure of prosecution evidence, the statements of accused, under Section 313 of the Code of Criminal Procedure, were recorded, in, which they pleaded innocence and claimed false implication.