STATE OF H.P. Vs. ANOOP SINGH

JUDGEMENT

(1.) ASSAILING the judgment dated 13.6.2008, passed by the learned Special Judge, Bilaspur, H.P. in N.D.P.S. Case No. 11 of 2005, titled as State of H.P. v. Anoop Singh, (Whether reporters of Local Papers may be allowed to see the judgment) whereby respondent -accused stands acquitted, State has filed the present appeal under the provisions of Section 378 of the Code of Criminal Procedure, 1973. It is the case of prosecution that on 16.3.2005 HC Jag Pal (PW11) alongwith H.C. Prakash Chand (PW1), H.C. Shyam Lal (PW3) and other police officials were present in village Majari when he received secret information that accused Anup Singh had illegally stored opium and poppy husk in his cowshed in village Majari. Due to paucity of time, no prior warrant could be procured but however memo (Ex. PW 4A) was immediately sent to the office of Dy.S.P. Bilaspur, HC Jag Pal (PW11) associated independent witnesses Kuldeep Singh (PW2) and Karnail Singh (PW7) and after issuing consent memo (Ex.PW1A) which was served upon the accused, he searched the premises of the accused from where poppy husk was recovered. Constable Jagat Pal brought the weighing scale from the shop of Balwant Singh (PW 6) resident of village Majari. Poppy husk was weighed and found to be 6 kg. and 700 grams. Two samples of 100 grams each were drawn in separate pieces of cloth and sealed with seal Impression -J. N.C.B. form in triplicate was filled up on the spot. Ruka (Ex. PW10A) was sent through Constable -Shyam Lal (PW 3) on the basis of which F.I.R No. 36/2005 (Ex. PW10B), dated 16.3.2005 was registered at Police Station Kot Kehloor, against the accused under the provisions of Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act). With the completion of necessary investigation on the spot, HC -Jag Pal (PW 11) handed over the seized property to Inspector Puran Chand (PW10) who affixed his seal Impression -R on the samples and deposited the same with HC -Mansa Ram (PW 8) officiating MHC, who in turn sent the sealed sample for chemical analysis to the C.T.L. at Kandaghat through HHC Amar Nath (PW 9). Report of chemical analyst (Ex. PW 10G) was taken on record. With the completion of investigation, which revealed complicity of the accused in the alleged crime, challan was presented in the Court for trial.

(2.) ACCUSED was charged for having committed an offence punishable under the provisions of Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985, to which he did not plead guilty and claimed trial.

(3.) COURT below acquitted the accused for the reason that prosecution could not prove its case, beyond reasonable doubt. Hence, the present appeal.