STATE OF HIMACHAL PRADESH Vs. NAND LAL

JUDGEMENT

(1.) ASSAILING the judgment dated 21.02.2010, passed by Special Judge -II, Solan, District Solan, H.P., in Sessions Trial No.5 -S/7 of 2009, titled as State of H.P. Versus Nand Lal, 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 26.12.2008, ASI Shanti Swarup (PW.11) was on patrol duty alongwith police officials Sohan Lal (PW.2), Parkash Chand (PW.4), Naresh Kumar (PW.8) and Rakesh (not examined). At about 2.00 PM, Shanti Swarup received information that accused Nand Lal was selling charas from a shop, situated at village Battal. He accordingly prepared reasons of belief (Ex.PS) and sent it to the office of Superintendent of Police, Solan through constable Parkash Chand (PW.4). He constituted a raiding party, comprising of independent witnesses Jagdish (PW.1) and Gafur alias Punu (PW.9). Accused who was informed of his right, vide memo (Ex.PD) consented to be searched by the police party (memo Ex.PA). From the shop of the accused, charas in the shape of sticks was recovered, which upon weighment was found to be of 250 grams. Two samples of 25 grams each were drawn and sealed with seal impression 'A'. Sample as also remaining bulk parcel was sealed with the very same seal and taken into possession vide memo (Ex.PG). NCB form (Ex.PW.11/A) was filled up on the spot. Special report (Ex.PT) was sent to the superior Officer. Rukka (Ex.PL) was sent through Naresh Kumar (PW.8), on the basis of which FIR No.103 of 2008, dated 26.12.2008 (Ex.PM) was registered by Rajinder Singh (PW.3) at Police Station, Arki, District Solan, H.P., under the provisions of Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as NDPS Act), against the accused. Case property was entrusted to MHC Rajinder Kumar (PW.3), who in turn, sent the sample for chemical analysis to the Forensic Science Laboratory, Junga, through Naresh Kumar (PW.8). Report of the Chemical Analyst (Ex.PW.11/E) was 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.) THE accused was charged for having committed an offence punishable under the provisions of Section 20 of the NDPS Act, to which he did not plead guilty and claimed trial.