STATE OF H.P. Vs. VIKRAM KUTHIALA

JUDGEMENT

(1.) THE instant appeal is directed against the judgment of acquittal, rendered on 25.3.2008, by the learned Special Judge, Shimla, H.P., in Sessions Trial No. 1 -S/7 of 2007, whereby the respondent has been acquitted for his having committed offence punishable under Sections 20 and 22 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (herein -after referred to as 'NDPS Act').

(2.) THE prosecution story, in brief, is that on 29.3.2006, at about 8.30 p.m., HC Kuldeep Singh, along with Constables Naresh Kumar and Manmohan Singh, was on patrolling and traffic checking and on reaching near Durga Gas Agency, he noticed one Santro Car coming from Sanjauli to Chhota Shimla side. The said vehicle was signaled to stop, however, the vehicle was stopped 15 -20 feet ahead. PW -11 HC Kuldeep Singh, along with other police officials, asked the driver to produce the documents of the vehicle. The driver of the vehicle omitted to produce the documents and got afraid on seeing the police. PW -11 had noticed one gathri, on the floor of the car, in front of front seat. Along with the Ghatri, one handkerchief and one packet of nitrosun tablets 10 mg. were also found. On smelling the handkerchief, Charas was found to be kept in it. During the process of checking the Santro Car, one vehicle bearing registration No. HP -02 -6307 came from Sanjauli side, in which Jagdish and Surat Chauhan, were traveling and they were associated by PW -11 in the investigation. On asking the name of the driver of the Santro Car, he disclosed his name Vikram Kuthiala (the accused). On weighing the Charas, in the presence of the witnesses, the same was found to be 800 grams. Out of the recovered Charas, two samples of 25 grams each were separated and the samples were sealed in two different parcels and the remaining Charas was packed in a separate parcel. The samples and the bulk Charas were sealed with seal impression M. Out of the nine strips of Nitrosun, two strips containing 10 tablets were separated as samples and were sealed in one parcel, which was sealed with seal M. the remaining seven strips were also put in a separate parcel which was also sealed with seal impression M. Seal impression of seal M was taken on a piece of cloth comprised in Ext. PW -1/A. All the five parcels were taken into possession vide recovery memo Ext. PW -1/B, bears the signatures of witnesses, namely, Jagdish Chand and Surat Chauhan and Constable Manmohan Singh, which was also got signed from accused. Three cloth pieces were prepared on the spot on which the seal impression M was affixed. NCB Form, comprised in Ext. PW -1/C was filled in by PW -11 HC Kuldeep Singh on the spot. PW -11 HC Kuldeep Singh sent Ruqua Ext. PW -1/E for registration of case to SHO, Police Station, Dhalli through Constable Naresh Kumar, upon which formal F.I.R. Ext. PW -1/F was registered.

(3.) IN order to prove its case, the prosecution examined as many as 11 witnesses. On closure of the prosecution evidence, the statement of the accused under Section 313 Cr.P.C. was recorded in which he pleaded innocence. On closure of proceedings under Section 313 Cr.P.C., the accused was given an opportunity to adduce evidence, in, defence, and he chose not to adduce any evidence in defence.