STATE OF HIMACHAL PRADESH Vs. VIRENDER KUMAR

JUDGEMENT

(1.) ASSAILING the judgment dated 10.07.2009, passed by Additional Sessions Judge, Fast Track Court, Kangra at Dharamshala, H.P., in Sessions Case No. 1 -P/2009, titled as State of Himachal Pradesh Versus Virender Kumar alias Banttu, 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 20.12.2008, police party headed by SI Baldev Singh (PW -8) was on patrol duty at Purwa. Police officials came to the shop of the accused to have tea. They saw one person hurriedly leaving the shop. On suspicion, shop was searched and from the bag kept near the counter, charas was recovered. No independent witness could be associated, as such, charas, after associating police officials Ajay Bhushan (PW -1) and ASI Brahm Dass as witnesses, was recovered. Upon weighment it was found to be of 1.600 grams. Two samples of 25 grams each were drawn and sealed with ten seals having impression 'P'. Bulk parcel was also sealed in the same manner. NCB forms were filled up in triplicate. Special report (Ex.PW -1/D) was sent to the superior officer. Rukka (Ex.PW -6/A) was sent through constable Mohinder Singh (PW -5) to Police Station, Palampur, on the basis of which FIR No. 349 of 2008, dated 20.12.2008 (Ex.PW -6/B) was registered, under the provisions of Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as NDPS Act), against the accused. Accused was arrested on the spot. Case property, including the sample seal were kept by SI Baldev Singh in Police Post, Bhawarna. On the next day, he produced the same before SHO Police Station, Palampur, SI Ashok Kumar (PW -6), who resealed the same with seal having impression 'V'. Case property was then deposited with MHC Joginder Singh (PW -4). Sample (Ex.P -2), NCB forms and sample of seal were sent to the FSL, Junga, through constable Harnam Singh. Report (Ex.PA), was taken on record 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.) IN order to establish its case, prosecution examined as many as eight witnesses. Statement of the accused under the provisions of Section 313 of the Code of Criminal Procedure was also recorded, in which he took the following defence: -