STATE OF HIMACHAL PRADESH Vs. SURENDER SINGH

JUDGEMENT

(1.) ASSAILING the judgment dated 14.12.2010, passed by Special Judge), Kullu, H.P., in Sessions Trial No. 12 of 2008, titled as State Versus Surender Singh alias Sonu & another, 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 16.10.2007, Inspector Balwant Singh (PW. 6) alongwith other police officials was on his way to Niharni, in connection with investigation of FIR No. 6 of 2007 registered under the provisions of Section 42 of the Indian Forest Act, 1927. At Sambha forest accused after noticing the police party, got perplexed and tried to flee away. They were apprehended and on suspicion searched. 350 grams of charas tied with the knee of accused Surender Singh was recovered. The same was weighed. Two samples of 25 grams each were separated and sealed separately with seal a of seal impression 'B'. NCB form was filled up on the spot. Rukka (Ex. PW. 6/A) was sent to the Police Station, Kullu, on the basis of which, FIR No. 7/2007 dated 16.10.2007 (Ex. PW. 1/A), under the provisions of Sections 20 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as NDPS Act) was registered against the accused, who were arrested. Contraband substance was deposited at Police Station and thereafter sample sent for chemical analysis to the Forensic Science Laboratory and report wherefrom confirmed it to be charas. 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, in all, prosecution examined as many as six witnesses. Statements of the accused under Section 313 of the Code of Criminal Procedure were also recorded, in which they took plea of innocence. No evidence in defence was led.