STATE OF HIMACHAL PRADESH Vs. PARVEEN KUMAR

JUDGEMENT

(1.) ASSAILING the judgment dated 20.02.2008, passed by Additional Sessions Judge (Special Judge), Fast Track Court, Kangra, H.P., in Sessions Case RBT No.32 -K/VII/07, titled as State of Himachal Pradesh Versus Parveen 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 04.02.2007, SHO Mohinder Singh (PW.10) accompanied by Onkar Chand (PW.3) and Kartar Singh (PW.5) was on patrol duty at Chambi Mor. There they received secret information that accused, who was carrying the contraband substance (charas), was coming from Shahpur side. After recording entry (Ex.PW.3/A), Mohinder Singh constituted a raiding party inter alia comprising of independent witnesses Uttam Chand (PW.1), Amar Singh (PW.2) and Rajinder Singh (PW.9). Accused, who was driving Motorcycle No.HP -54 -6023, was apprehended same day at about 8.30 PM. Accused was apprised of his rights and after giving his personal search to the accused, Mohinder Singh searched the accused and from the right pocket of his pants polythene bag (Ex.P -6) containing smack (Ex.P -4) was recovered, which upon weighment was found to be of 22 grams. Two samples of 5 grams each (Ex.P -2 and P - 3) were drawn and sealed with seal having impression 'M'. Remaining bulk parcel (Ex.P -1) was sealed with the very same seal. NCB form was filled up. Special report (Ex.PW.7/A) was also sent through Constable Raj Kumar to the superior officer. Rukka (Ex.PW.5/A) was taken to Police Station, Shahpur, on the basis of which FIR No.17/07, dated 04.02.2007 (Ex.PW.8/A) was registered, under the provisions of Section 17 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as NDPS Act), against the accused. Mohinder Singh deposited the contraband substance as also the seized articles with MHC Onkar Chand (PW.8), who sent the sealed sample for chemical analysis to the Forensic Science Laboratory, Junga and report (Ex.PW.10/A) obtained by the police. Also accused was arrested. 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.) THE accused was charged for having committed an offence punishable under the provisions of Section 17 of the NDPS Act, to which he did not plead guilty and claimed trial.