STATE OF H.P. Vs. YOG RAJ

JUDGEMENT

(1.) STATE has appealed against the judgment dated 12.7.2010, passed by Special Judge, Fast Track, Kullu, Himachal Pradesh, in Sessions Trial No. 26 of 2009, titled as State of H.P. v. Yog Raj and another, challenging the acquittal of respondents Yog Raj and Beli Ram (hereinafter referred to as the accused), who stand charged for having committed an offence punishable under the provisions of Section 18 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as the NDPS Act).

(2.) IT is the case of prosecution that on 27.4.2008 at about 1 p.m., Dy. S.P. Amar Nath (PW -13), SI Parshotam Dutt (PW -2), HC Piare Lal (PW -16), Sunil Kumar, Constable Ajay Kumar, Ward Member Chaman Lal (PW -1), Kanungo Kishore Chand (PW -3) and Patwari Durga Singh (PW -14), were present in village Taratan, when they saw opium poppy cultivated in three fields. Demarcation of the fields was conducted by Kanungo Kishore Chand, which revealed the opium poppy to be grown on Khasra No. 1725, belonging to the accused and other co -sharers. Opium poppy plants were counted and found to be 3000. The spot was also got photographed and photographs (Ex. PW -16/A -1 to Ex.PW -16/A -11) taken on record. Two samples, each containing 5 plants, were removed and sealed in separate parcels. Remaining plants were removed from the fields and put in a gunny bag (Ex. P -1). The samples and bulk parcel were sealed with seal impression 'X'. NCB form (Ex. PW -6/C) was filled up in triplicate. The parcels were seized vide Memo (Ex.PW -1/A). On the basis of Ruka (Ex. PW -16/B), which was sent to Police Station, Kullu, FIR No. 262, dated 27.4.2008, under the provisions of Section 18 of the NDPS Act, was registered. The bulk parcel alongwith the sample parcels was produced before Inspector Partap Chand (PW -9), who resealed the same with his own seal of impression 'T'. Thereafter, case property was handed over to MHC Ram Krishan, who handed over the sample alongwith other documents to Constable Narender Kumar for being deposited in the Forensic Science Laboratory, Junga for chemical analysis. Report (Ex.PW -11/A) obtained by the police was taken on record. On completion of investigation, which revealed complicity of the accused in the alleged crime, challan was presented in the Court for trial.

(3.) IN order to establish its case, prosecution examined as many as 16 witnesses and statements of the accused under the provisions of Section 313 of the Code of Criminal Procedure were also recorded, in which they took plea of innocence and false implication.