STATE OF HIMACHAL PRADESH Vs. VIJAY SINGH

JUDGEMENT

(1.) State has appealed against the judgment dated 24.3.2008 of the learned Special Judge, Shimla, Himachal Pradesh, passed in Sessions Trial No.21-S/7 of 2007, titled as State of Himachal Pradesh v. Vijay Singh alias Rinku, challenging the acquittal of respondent Vijay Singh alias Rinku (hereinafter referred to as the accused), who stands charged for having committed an offence punishable under the provisions of Section 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as the NDPS Act).

(2.) It is the case of prosecution that on 20.12.2006, police party, comprising of SI Varinder Chauhan (PW-9) accompanied by police officials ASI Chet Ram, Roshan Lal, Kulbir Singh (PW-1), was present on Rivoli Road, in connection with FIR No.297/06, dated 20.12.2006. They saw the accused coming from the side of Lakkar Bazaar Bus Stand. Seeing the police party, he tried to escape, but on suspicion apprehended. On the basis of consent (Ex. PW- 1/A) of the accused, Varinder Chauhan searched the accused. From his personal search one packet containing Charas was recovered. Scale and weight were brought from the shop of Dalip Singh (PW-2); charas was weighed on the spot and found to be of 600 grams. Two samples of 50 grams each were drawn. Remaining bulk parcel as also samples were sealed with seal impression 'A'. On the basis of Ruka (Ex.PW-6/A), which was sent through Kulbir Singh, FIR No.298, dated 20.12.2006 (Ex.PW-6/C), under the provisions of Section 20 of the NDPS Act, was registered at Police Station Sadar, Shimla. The sealed sample was sent through Narinder Singh (PW-4) to CFSL Chandigarh for chemical analysis. Report of the CFSL (Ex.PZ) was taken on record by the police. 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.) 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.