STATE OF HIMACHAL PRADESH Vs. LEKH RAJ

JUDGEMENT

(1.) ASSAILING the judgment dated 26.7.2008, passed by learned Special Judge, Hamirpur, H.P. in Sessions Trial No. 2 of 2008, titled as State of H.P. versus Lekh Raj, whereby respondent -accused stands acquitted, 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 24.7.2007, Inspector Baldev Singh (PW -12) alongwith ASI Raj Singh (PW -1), HC -Raj Kumar (PW -6), HHC -Surjit Kumar (PW -8), Const. Suresh Kumar and HHC -Dhan Paul (PW -7) was on patrol duty at Bassi Tarkwari area. At about 5.40 p.m. when they reached near Shiv Temple, one person who was carrying a bag in his hand, on seeing the police party tried to flee away but was overpowered. He disclosed his name as Lekh Raj (accused). On suspicion that he may be carrying some contraband substance in his bag, after informing the accused of his statutory rights (memo Ext.PW -1/A), who consented to be searched by the police party, from the bag, contraband substance was recovered. HHC -Surjit Singh was deputed to bring scales and weights from the shop of Hem Raj (PW -2). Upon weighment the contraband substance so recovered was found to be 800 grams. Two samples of 25 grams each were drawn from the recovered contraband and samples as well as bulk parcel were sealed with seal impression -P. NCB forms in triplicate were filled up on the spot. Ruka (Ext.PW -12/A) sent through HHC -Surjit Kumar (PW -8), led to registration of F.I.R. No. 122/2007, dated 24.7.2007 (Ext. PW -4/A), at Police Station Bhoranj, Distt. Hamirpur, against the accused under the provisions of Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act). Accused was arrested and with the completion of necessary investigation on the spot, case property deposited with MHC -Kishore Chand (PW -4). Special report (Ext. PW -12/C) was sent to the superior officer. Sealed sample was sent for chemical analysis through HC -Tarlok Singh (PW -5) who deposited the same at the State Forensic Science Laboratory, Junga and report of chemical analyst (Ext. PW -12/D) taken on record. With the completion of investigation, which prima facie revealed complicity of the accused in the alleged crime, challan was presented in the Court for trial.

(3.) IN order to prove its case, in all, prosecution examined twelve witnesses and statement of the accused under Section 313 Cr. P.C. was also recorded, in which he took plea of innocence and false implication. Accused examined one witness in defence.