STATE OF HIMACHAL PRADESH Vs. DALEEP SINGH

JUDGEMENT

(1.) State has appealed against the judgment dated 2.7.2008 of the learned Special Judge (Additional Sessions Judge), Solan, District Solan, Himachal Pradesh, passed in Sessions Trial No.6-S/7 of 2008, titled as State of Himachal Pradesh v. Daleep Singh, challenging the acquittal of respondent Daleep Singh (hereinafter referred to as the accused), who stands charged for having committed offence punishable under the provisions of Section 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as the Act).

(2.) It is the case of prosecution that on 1.12.2007, ASI Narain Singh (PW-11), accompanied by HC Hakam Singh (PW-1), Constable Kamal Kumar (PW-2) and HHC Karam Chand (not examined) had set up Naka in front of Police Station, Dharampur. At about 3.10 a.m., Bus bearing No.HP-06-2830 was stopped and checked. The passengers were asked to identify their luggage. Accused identified the bag, placed on the rack, above seat No.30, to be his. On suspicion, in the presence of Conductor Imdad Khan (PW-6) and Driver Ram Singh (PW-7), the bag was checked, from which white coloured packet with cello tape was recovered. It was opened from one side and smelt like Charas. As such, accused, the Driver and the Conductor were taken inside the Police Station. Weights and scale were brought and upon weighment, the packet which was opened, was found to be containing 3 kgs of Charas. Two samples, each weighing 50 grams, were drawn and packed in two empty Dhoop packets. Samples as also the remaining bulk parcel were sealed with seal impression 'H'. Samples were marked as S-1 and S-2 and the bulk parcel was marked as P-1. NCB form was filled up in triplicate. Impression of the seal was handed over to the Driver (PW-7) of the Bus. Contraband substance was taken into possession vide recovery memo (Ex. PW-6/A). Accused was also searched and his personal belongings, including Bus ticket, were also taken into possession by the police. Ruka (Ex. PW-2/A) was prepared, on the basis of which FIR No.169, dated 1.12.2007 (Ex. PW-9/A), under the provisions of Section 20 of the Act was registered at Police Station, Dharampur. Contraband substance was deposited with MHC Bhagirath (PW-12), who made entry in the Malkhana Register (Ex.PW-12/B) and after issuing Road Certificate (Ex. PW-12/A) sent the sample for analysis to the Forensic Science Laboratory. Report (Ex.PW-11/D) of the FSL was taken on record. Investigation revealed complicity of the accused in the alleged crime. Hence, 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 Act to which he did not plead guilty and claimed trial.