STATE OF HIMACHAL PRADESH Vs. ROSHAN LAL

JUDGEMENT

(1.) STATE has appealed against the judgment dated 10.12.2010 of the learned Special Judge, Fast Track Court, Kullu, Himachal Pradesh, passed in Sessions Trial No. 31 of 2010, titled as State v. Roshan Lal, challenging the acquittal of respondent Roshan Lal (hereinafter referred to as the accused), who stands charged for having committed an offence punishable under the provisions of Section 20(b)(ii)(C) of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as the NDPS Act).

(2.) IT is the case of prosecution that on 28.3.2010, police party, comprising of ASI Ram Swarup (not examined), Malkeet Singh (PW -1), Daya Ram (PW -2), Parveen Kumar (PW -4), was present at Bathar Jungle. Seeing the police party, at about 7.15 a.m., accused started fleeing away. However, on suspicion, he was apprehended. Suspecting that he may be carrying contraband substance, Daya Ram asked Malkeet Singh to fetch for independent witnesses. Since none was available, Daya Ram associated Malkeet Singh and Ram Swarup, and after obtaining consent of the accused vide Memo (Ex. PW -1/A), searched him. From the right armpit of the accused, contraband substance (Charas), concealed in a packet, was recovered. Upon weighment, it was found to be 1 kg 100 grams. NCB form (Ex. PW -2/A) was filled up in triplicate. Bulk parcel was sealed with seal impression 'H'. On the basis of Ruka (Ex. PW -2/B), which was sent through Malkeet Singh, FIR No. 76 dated 28.3.2010 (Ex. PW -8/A) was registered at Police Station, Manali. Daya Ram handed over the case property to SHO Om Chand (PW -8), who resealed the same with his seal impression 'Y' and deposited it with MHC Sher Singh (PW -3). The entire bulk parcel was sent to the Chemical Analyst, Forensic Science Laboratory, Junga, through Parveen Kumar (PW -4). Report (Ex. PW -2/E) from FSL, Junga, was obtained 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.) IN order to establish its case, prosecution examined as many as 8 witnesses and statement of the accused under the provisions of Section 313 of the Code of Criminal Procedure was also recorded, in which he took the following plea: