STATE OF HIMACHAL PRADESH Vs. PARVEEN KUMAR

JUDGEMENT

(1.) STATE has appealed against the judgment dated 14.11.2007 of the learned Special Judge (1), Kangra at Dharamshala, Himachal Pradesh, passed in Sessions Trial No. 14 -K/VII/2006, titled as State v. Parveen Kumar, challenging the acquittal of respondent Parveen Kumar (hereinafter referred to as the accused), who stands charged for having committed an offence punishable under the provisions of Section 17 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as the NDPS Act).

(2.) IT is the case of prosecution that on 7.9.2005, SHO Mohinder Singh (PW -10) alongwith police party, comprising of police officials HC Karan Singh (PW -3) and Constable Sandeep Kumar (PW -8), left Police Station, Shahpur, on patrol duty towards Chambi side. They laid naka at Chambi, near Rajat Hotel. At about 9.30 p.m., they saw the accused and suspected him of carrying some contraband substance. On suspicion, he was informed of his statutory right vide Memo (Ex. PW -1/A), whereafter he consented to be searched by the police officials present on the spot vide Memo (Ex. PW -1/B). From the Pyjama worn by him, contraband substance, which smelt like brown sugar, was recovered. The same was weighed and found to be 10 grams. Sample of five grams was drawn. Both the parcels were sealed with seal of impression 'M'. The same was seized. Ruka (Ex. PW -4/A) was sent to Police Station, Shahpur, on the basis of which FIR No. 122/05, dated 7.9.2005 (Ex. PW -4/B), under the provisions of Section 17 of the NDPS Act was registered. The file was taken back on the spot. Proceedings were completed by Mohinder Singh, who filled up NCB forms (Ex. PW -10/A); arrested the accused; and thereafter deposited the contraband substance with MHC Shiv Kanya (PW -4). Report (Ex. PW -7/A) was sent to the superior authorities. Constable Sohan Singh (PW -9) took the sealed sample for chemical analysis to the Central Forensic Science Laboratory, Chandigarh and report (Ex. PX) of the Chemical Examiner obtained. 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 10 witnesses and statement of the accused under the provisions of Section 313 of the Code of Criminal Procedure was also recorded, in which he pleaded false implication.