STATE OF HIMACHAL PRADESH Vs. SHER SINGH

JUDGEMENT

(1.) ASSAILING the judgment dated 27.6.2008, passed by learned Special Judge, Kullu, H.P., in Sessions Trial No. 73 of 2005, titled as State of H.P. v. Sher Singh @ Sheru, whereby respondent -accused stands acquitted, 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 15.1.2005, police party comprising Const. Amar Singh (PW -1) and HHC -Amar Singh, headed by ASI Lekh Ram (PW -2) was present at Shara Mor. At about 8.00 a.m., seeing the police party, accused who was coming from Sainj side got perplexed, hence on suspicion apprehended. Suspecting that he may be carrying some contraband substance, endeavour was made by the police party to associate independent witnesses for carrying out search operation. But since none were available, after associating Constable Amar Singh (PW -1) and HHC -Amar Singh (not examined in court), accused who was informed of his statutory right and whose consent was obtained, was searched. From the rucksack (Ext. P -2) so carried by the accused, charas in the shape of sticks and chapattis was recovered which upon weighment was found to be 800 grams. Two samples of 25 grams each were drawn and each sealed with three seals of seal impression -T. The remaining bulk parcel was also sealed with the very same seal impression. NCB forms (Ext. PW -2/A) was filled on the spot. Ruka (Ext. PW -2/B) was prepared and sent through constable Amar Singh (PW -1) to the police station, on the basis of which F.I.R. No. 7/2005, dated 15.1.2005 (Ext. PW -3/A), was registered by HC -Hari Singh (PW -3), at Police Station Banjar, Distt. Kullu, against the accused under the provisions of Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act), where after file was taken back to the spot and accused arrested. With the completion of necessary investigation on the spot, case property was produced before SI -Dorje Ram (PW -6) who resealed the same with seal impression -H and deposited the same with MHC -Hari Singh (PW -3). Constable Pawan Kumar (PW -4) took the sample to the C.T.L. Kandaghat and obtained report of the chemical analyst (Ext. PA). 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 prove its case, in all, prosecution examined six witnesses and statement of the accused under Section 313 Cr.P.C. was also recorded, in which he took plea of innocence and false implication. In defence, accused examined one witness.