STATE OF HIMACHAL PRADESH Vs. HARJEET SINGH

JUDGEMENT

(1.) THE instant appeal is directed by the State against the judgment rendered by learned Special Judge (1), Kangra at Dharmshala in Sessions Case No. 51 -N/VII/2005 whereby, the learned trial Court acquitted the accused for his having committed offences under Section 20 and 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

(2.) BRIEF facts of the case which are necessary to determine the appeal are that on March 19, 2005 at about 3.30 p.m. PW -10 Inspector Nathu Ram alongwith other police officials was on patrol duty adjoining Bari Khad and temple. PW -1 Subhash Chand and PW -3 Narotam Singh both of them were going to Nurpur town on scooter stopped the scooter and commenced discussion with the police regarding the case. At about 3.40 p.m. one boy was noticed to be proceeding towards Bhari Khad on foot and on seeing the police he retraced and started fleeing. On his conduct arousing suspicion, the police apprehended him and on inquiry he disclosed his name as Harjeet Singh alias Lovely. He was asked to give his personal search in the presence of PW Subhash Chand and PW -3 Narotam Singh. He was asked vide Ext. PW -1/A to exercise his option to get his personal search done in the presence of an authorized officer. However, under memo Ext. PW -1/B he consented to be searched by Inspector Nathu Ram. Subsequently, PW -10 Nathu Ram and his accompanying officials gave their personal search to the accused under memo Ext. PW -1/C. Thereafter the personal search of the accused was carried out. On personal search of the accused, a polythene wallet was recovered inside his pants near the waist. On its inspection charas was recovered in the form of sticks and little orbs were recovered from it. Another polythene wallet of smaller size was recovered from the back right side pocket of the pants. On inspection it contained brown coloured powder, which was determined to be smack. On weighing charas was found to be 320 grams and smack was found to be 20 grams. From the recovered bulk charas two samples of 20 grams each were drawn and were separated. The remaining residue charas weighing 280 grams was kept inside the polythene wallet wherefrom it was extracted, whereas sample charas was put in two different polythene wallets. Besides two samples of five grams each were separated from the recovered bulk of smack weighing 20 grams. The samples of smack after being wrapped in two different polythene wallets were inserted in two match boxes and the remaining smack was packed inside same recovered wallet and was wrapped in a piece of cloth. The parcels of sample of charas and smack as well as the remaining charas and smack were sealed with seal bearing impression "M" and were taken in possession under memo Ext. PW -1/E in the presence of witnesses, namely, Subhash Chand and Narotam Singh. The specimen of seal impression was taken on a piece of cloth Ext. PW1/D. The parcel of bulk of charas was marked as "A", the parcels of sample charas were marked as A -1 and A -2, the parcel of bulk smack was marked as "B" and the parcels of sample smack were marked as B -1 and B -2. NCB form were filled in triplicate. Ruqua Ext. PW -2/A was sent to the Police Station, through constable Joginder Singh. However, the investigation of the case led the police to conduct the search of the residential house of the accused, in accordance with the procedure prescribed and during search of the residential house of the accused one little scale of brass and weights of 5 grams, 10 grams, 20 grams, 50 grams, two smoking pipes (chilams) two pieces of silver foil paper having smell of burn and one small diary in which datewise account of charas and smack and the words Badma, PW and Atta were scribed were recovered from inside the Almirah of the house of the accused. On inquiry Badma was revealed by the accused to be connoting charas, PW was revealed to mean Power smack and Atta revealed to mean poppy husk of opium. All the aforesaid articles were sealed in a parcel and taken into possession vide memo Ext. PW -1/F. Investigating Officer prepared site plans Ext. PW -10/B & Ext. PW -10/C of the place of recovery and the house of the accused and also recorded statements of the witnesses. The accused was arrested and on the basis of Ruqua Ext. PW -2/A formal F.I.R. Ext. PW -2B was registered against the accused. The investigating officer despatched the sample parcel of charas to CTL Kandaghat and sample parcel of smack to CFSL, Chandigarh and on receipt of its reports comprised in Ext. PW -10/D and Ext. PW -10/E, respectively, challan was prepared against the accused and presented in the Court for trial of the accused on 3rd November, 2005.

(3.) IN support of its case the prosecution examined 11 witnesses. On conclusion of adduction of the prosecution evidence, statement of the accused under Section 313 Cr.P.C. was recorded wherein he denied the prosecution case and pleaded innocence.