STATE OF HIMACHAL PRADESH Vs. RAKESH KUMAR

JUDGEMENT

(1.) ASSAILING the judgment dated 21.2.2008, passed by the learned Addl. Sessions Judge, Sirmaur District at Nahan, H.P., in Sessions Trial No. 4 -N/7 of 2004, titled as State of H.P. vs. Rakesh Kumar @ Bobby, 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 7.7.2003, police party headed by SI -Lekh Ram (PW -11) comprising of Constables Jagat Singh (PW -3) and Ranjit Singh (PW -4) were on patrolling duty. They got information of trafficking of contraband substance, information whereof was sent to the superior officers. At about 8.15 p.m. when they reached near Rest House via Nahan Bazar, accused came from the side of Delhi Gate. Seeing the police party, accused got perplexed and tried to run away. He was apprehended. Independent witnesses Sh. Ramzan (PW -1) and Sh. Tarsem (not examined in court) were associated by the police for checking. On suspicion that accused was carrying contraband substance he was given an option of being searched vide memo (Ext. PW -1/A). From the person of the accused i.e. pocket of the trouser, a polythene packet containing charas was recovered. On the asking of PW -11, constable Jagat Singh (PW -3) brought scale and weights from the shop of Mohd. Islam (PW -2). Upon weighment charas was found to be 180 grams. Two samples 25 grams each were drawn and sealed in two separate empty packets. Samples as also bulk parcel were sealed with seal impression -L and taken into possession vide recovery memo (Ext. PW -1/C) witnessed by Ramzan (PW -1) and Tarsem. Specimen of the seal was also retained. Ruka (Ext. PW -4/A) was taken by constable Ranjit Singh (PW -4) on the basis of which F.I.R. No. 133/03, dated 7.7.2003 (Ext. PW -10/A) was registered at Police Station Nahan, Distt. Sirmaur, H.P. under the provisions of Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act) against the accused. With the completion of necessary formalities on the spot, including filling up of NCB form, in triplicate, accused was arrested. SI -Lekh Ram (PW -11) deposited the case property with SI -Daulat Ram (PW -6) the Addl. S.H.O. Police Station Nahan who in turn resealed the contraband substance with seal impression 'DR' and handed it over to MHC -Babu Ram (PW -5). Entry was made in the maalkhana register (Ext. PW -5/A). Sealed sample was sent through HC -Khajan Singh (PW -9) for chemical analysis to C.T.L. Kandaghat and report (Ext. PW -8/A) taken on record by the police. Superior officer was informed of the proceedings vide special report (Ext. PW -7/A) received by ASI -Sucha Singh (PW -7). Investigation revealed, complicity of the accused in the alleged crime, hence challan was presented in the Court for trial.

(3.) IN order to prove its case, in all, prosecution examined eleven witnesses and statement of the accused under Section 313 Cr. P.C. was also recorded, in which he pleaded innocence and false implication. No evidence in defence was led by the accused.