STATE OF HIMACHAL PRADESH Vs. RAJIV KUMAR

JUDGEMENT

(1.) STATE has appealed against the judgment dated 31.3.2009 of the learned Special Judge, Fast Track Court, Una, Himachal Pradesh, passed in Sessions Case No. 11/08, titled as State v. Rajiv Kumar, challenging the acquittal of respondent Rajiv Kumar (hereinafter referred to as the accused), who stands charged for having committed an offence punishable under the provisions of Section 18 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as the NDPS Act).

(2.) IT is the case of prosecution that police party, consisting of HC Sanjay Kumar (Pw -1), Constable Gopal Singh (PW -2), Constable Satpal Singh (PW -3), headed by SI Jugal Kishore (PW -13), while on patrol duty saw accused trying to flee away at a place near Churru. On suspicion, he was apprehended. Suspecting the accused to be in possession of illegal arms and narcotic substance, after associating independent witnesses Sarwan Kumar (Pw -4) and Rachhpal Dev (not examined), he was searched. From the rain coat worn by the accused, one packet containing opium was recovered. It was weighed and found to be 800 grams. Two samples, each weighing 25 grams were separated. Samples and bulk parcel were sealed with seal impression 'J'. On the basis of Ruka (Ex. PW -13/B), sent through Constable Gopal Singh (Pw -2), FIR No. 147 dated 7.7.2008 (Ex. PW -8/A), under the provisions of Section 20 of the NDPS Act, was registered at Police Station, Amb. Contraband substance was taken into possession vide Memo (Ex. PW -1/B); NCB form (Ex. PW -13/A), in triplicate, was filled up on the spot. On suspicion, cow -shed of the accused in village Takarla was also searched from where two polythene envelopes, each containing 1 kg opium, were recovered. Two samples, each weighing 25 grams, were drawn from each of the envelopes, and sealed with seal impression 'T'. With the completion of investigation on the spot, SI Jugal Kishore (PW -13) handed over the case property to ASI Ram Swaroop (PW -8), who handed it over to MHC Kusha Dutt (PW -12). Entry was made in the Malkhana Register. Sealed sample was sent to the Forensic Science Laboratory through Constable Jagan Nath (PW -6) and report (Ex. PW -13/H) taken on record. With the completion of investigation, which 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 14 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 up plea of innocence and false implication due to a quarrel with police officials.