STATE OF HIMACHAL PRADESH Vs. CHANDER KIRAN

JUDGEMENT

(1.) ASSAILING the judgment dated 21.01.2008, passed by Special Judge, Fast Track, Kullu, H.P., in Sessions Trial No. 22/07, titled as State Versus Chander Kiran & another, 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 17.11.2006, police party comprising Fateh Singh (PW.1), Mohan Lal, Deepak Kumar (both not examined), headed by SI Lal Singh (PW.2) left the Police Post for setting up Naka at Nashala Jungle. At about 11.15 PM, accused came on a motorcycle bearing registration No. HP -34A -5106. On suspicion, they were searched. From the bag which they were carrying, charas was recovered. Independent witnesses could not be associated. As such, accused were brought to Police Post, Patlikuhl, where by associating Fateh Singh (PW.1) and Mohan Lal as witnesses, Lal Singh (PW.2) seized the contraband substance, which upon weighment was found to be of 2 kgs. Two samples of 25 grams each were drawn from the bulk parcel. Sample as well as remaining bulk parcel were sealed with seal impression 'T'. NCB forms (Ex.PF) in triplicate were filled up. Special report (Ex.PJ) was sent to the superior Officer. Rukka (Ex.PG) was sent through Fateh Singh (PW.1) to Police Station, Manali, on the basis of which FIR No. 283 of 2006, dated 18.11.2006 (Ex.PS) was registered, under the provisions of Sections 20 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as NDPS Act), against the accused. At about 5.15 AM, Lal Singh (PW.2) arrived at Police Post, Patlikuhl. Whereafter, accused were arrested vide memos (Ex.PD and Ex.PE respectively). Case property was produced before SHO Sanjay Sharma (PW.9), who resealed the same with his seal having seal impression 'L' and deposited the same with MHC Hari Singh (PW.3). On 19.11.2006, Mohinder Pal (PW.5) took the case property to be deposited at CFSL, Chandigarh, but since it was not accepted, he returned to Manali on 23.11.2006. Again Naresh Chand (PW.8), who was discharging duties as MHC, on 28.11.2006 sent the case property through Mohinder Pal (PW.5), who deposited the same at CFSL, Chandigarh. Report of the chemical analyst (Ex.PX), so prepared by the Laboratory, 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, in all, prosecution examined as many as nine witnesses. Statements of the accused under Section 313 of the Code of Criminal Procedure were also recorded, in which they took defence of false implication. In defence two witnesses were examined.