STATE OF HIMACHAL PRADESH Vs. DHANI RAM

JUDGEMENT

(1.) ASSAILING the judgment dated 4.4.2008, passed by learned Addl. Sessions Judge, Solan, District Solan, H.P., in Sessions Trial No. 21 -S/7 of 2007, titled as State of H.P. vs. Dhani Ram, whereby respondent -accused stands acquitted, 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 4.1.2007 HC -Ram Parkash (PW -12) alongwith HC -Ashwani Kumar (PW -1), C -Ramesh Kumar (PW -10), C -Chunni Lal (PW -3) and C -Rakesh Kumar (PW -4) was on patrol duty at Paoghati. At about 5.15 p.m., they noticed the accused come from Batal Ghati side. Seeing the police party, he got frightened, hence on suspicion, apprehended. Suspecting that he may be carrying some contraband substance, after apprising him of his legal right of being searched in accordance with law vide memo (Ext. PW -2/A), accused, who consented to be searched by the police party vide memo (Ext. PW -2/B), was searched. From the jacket worn by him, charas in the shape of sticks and balls was recovered, which on weighment was found to be of 150 grams. Two samples of 25 grams each were drawn from the recovered contraband and sealed with seal impression -H. Remaining bulk parcel was also sealed with the very same seal. NCB forms (Ext. PW -8/B) in triplicate were filled on the spot. Ruka (Ext. PW -4/A) sent through C -Rakesh Kumar (PW -4), led to registration of F.I.R. No. 4 of 2007, dated 4.1.2007 (Ext. PW -4/B), at Police Station Arki, Distt. Solan, against the accused under the provisions of Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act). Case property was entrusted to ASI Pradeep Kumar (PW -8), who after affixing three seals of seal impression -A, on each of the parcels, deposited the same with MHC Ramesh Chand (PW -6). Sealed sample was taken by Constable Pyare Lal (PW -7) to the State Forensic Science Laboratory, Junga and report of the chemical analyst (Ext. PW -13/A) 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 prove its case, in all, prosecution examined thirteen witnesses and statement of the accused under Section 313 Cr. P.C. was also recorded, in which he took plea of innocence and false implication. No evidence in defence was led by the accused.