STATE OF HIMACHAL PRADESH Vs. SUNIL KUMAR

JUDGEMENT

(1.) ASSAILING the judgment dated 12.01.2007, passed by Special Judge (I), Kangra at Dharmashala, H.P., in Sessions Case No.57 -K/VII/2005, titled as State Versus Sunil Kumar, 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 28.09.2004, at about 6.30 PM Inspector Sanjeev Chauhan (PW.10) alongwith SI Mohinder Singh (PW.9), ASI Ramesh Chand (PW.6), HHC Hoshiar Singh (PW.4) and HHC Kuldeep Singh (PW.5), was on traffic checking duty. Scooter bearing No.HP -57 -0449 driven by the accused was stopped and he was asked to show the registration papers of the vehicle. When accused tried to take out the documents from the dicky of the scooter, an envelope containing charas, in the shape of sticks fell down. Police associated independent witnesses Bir Singh (PW.2) and Darshan Singh (PW.3) and seized the contraband substance, after drawing two samples of 25 grams each. Samples as also remaining bulk parcel, total quantity of which was found to be 350 grams, were sealed with seal impression 'C' and seized vide seizure memo (Ex.PW.2/A). NCB forms were filled up in triplicate. Rukka (Ex.PW.5/A) was sent to the Police Station, Kangra, on the basis of which FIR No.301/04 dated 28.09.2004 (Ex.PW.5/B) was registered against the accused, under the provisions of Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as NDPS Act). Accused was arrested. Case property was entrusted to Suresh Kumar, who sent the sample for chemical analysis to the CTL, Kandaghat, through Constable Suram Singh (PW.8). After obtaining report of the Chemical Analyst (Ex.PW.4/B), 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.