STATE OF HIMACHAL PRADESH Vs. HARINDER KUMAR

JUDGEMENT

(1.) Assailing the judgment dated 21.11.2007, passed by learned Special Judge, Fast Track Court, Solan, District Solan, Camp at Nalagarh, H.P., in Case No.9FTN/7 of 2007, titled as State of H.P. Versus Harinder Kumar, 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 25.03.2006, Inspector Som Dutt along with police officials S.I. Kamal Kishore (PW.1), Head Constable Ranjeet, Constable Narinder and Constable Kapil Mohan (all three were not examined), were on patrol duty in Nalagarh bazar. At about 3.45 PM, near Ropar Chowk, Nalagarh, they saw accused come out of busstand carrying an air bag on his right shoulder. Seeing the police party, accused got frightened and tried to flee away. On suspicion, he was apprehended. Inspector Som Dutt, associated two independent witnesses Swatanter Kumar (PW.2) and Rajinder (not examined) and after giving his personal search, searched the air bag which the accused was carrying from which charas was recovered. The same was weighed and found to be 900 grams. Two samples of 50 grams each were drawn. Sealed parcel and remaining bulk parcel were sealed with seal impression 'K'. Rukka (Ex.PW.8/B) was prepared and sent through Constable Narender Kumar (not examined) for registration of the case. On the basis of which, FIR No.61 of 2006, dated 25.03.2006 (Ex.PW.5/B) was registered at Police Station, Nalagarh, under the provisions of Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as NDPS Act). Thereafter necessary formalities were completed. Sealed parcel was taken into possession vide seizure Memo (Ex.PW.1/B). Accused was arrested. NCB forms were filled up. Thereafter Som Dutt deposited the sample and bulk parcels along with NCB form (Ex.PW.8/D) as also sample of the seal with the MHC. Samples were sent to the Forensic Science Laboratory for chemical analysis and report (Ex.PW.8/F) obtained by the police. With the completion of investigation, 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.