STATE OF HIMACHAL PRADESH Vs. JAI SINGH

JUDGEMENT

(1.) ASSAILING the judgment dated 01.03.2008, passed by Additional Sessions Judge (Special Judge), Fast Track Court, Kangra at Dharamshala, H.P., in Sessions Case No. 8 -P/VII/08/Sessions Trial No. 8/08, titled as The State of Himachal Pradesh Versus Jai Singh, State has filed the present appeal under the provisions of Section 378(3) of the Code of Criminal Procedure, 1973.

(2.) IT is the case of prosecution that on 01.08.2007, SI Megh Nath (PW.12) along with Parveen Kumar (PW.1), Manmohan Lal (PW.2) and Darshan Singh (PW.3) was on a patrol duty. At about 11.40 AM when they were present near Langa forest, they saw accused coming from an opposite side. Seeing the police party, accused ran away. He was carrying a bag on his back. On suspicion, accused was apprehended. Bag was searched from which a polythene packet (Ex.P5) containing charas (Ex.P6), in the shape of candles, was recovered. Also weapon 'Khukhri' was recovered. Upon weighment charas was found to be 6 kilograms. Two samples each of 25 grams were drawn. Sample and the bulk parcel were sealed with four seals of seal impression 'T'. NCB forms, in triplicate, were filled up. 'Khukhri' was also sealed. Contraband substance was seized vide memo (Ex.PW.1/A) in the presence of Head Constable Praveen Kumar (PW.1) and Gurbachan Singh (not examined). Darshan Singh (PW.3) took Rukka (Ex.PW.3/A), on the basis of which FIR No. 179/07 dated 01.08.2007 (Ex.PW.4/A) was registered at Police Station, Palampur, H.P., by MHC Ranjit Singh (PW.4) under the provisions of Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as NDPS Act) and Section 25 of the Indian Arms Act, against the accused. After registration of the FIR, file was taken by Darshan Singh who handed it over to Megh Nath, at bus -stand, Palampur. Accused was arrested. Megh Nath handed over the case property along with the NCB forms etc. to MHC Ranjit Singh (PW.4). Entry was made in the malkhana register (Ex.PW.12/D). Special report (Ex.PW.10/A) was sent to the office of Superintendent of Police. Prem Chand (PW.5) took sample from the MHC and deposited the same with the Forensic Science Laboratory, Kandaghat. Report (Ex.PA) which revealed the contraband substance to be charas 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 twelve witnesses. Statement of the accused under Section 313 of the Code of Criminal Procedure was also recorded, in which he took up the following defence: -