STATE OF HIMACHAL PRADESH Vs. VIKRAM CHAND

JUDGEMENT

(1.) ASSAILING the judgment dated 29.02.2008, passed by Additional Sessions Judge (Special Judge), Fast Track Court, Kangra at Dharamshala, H.P., in S.C. RBT No. 54 -D/VII/2007, titled as State of Himachal Pradesh Versus Vikram Chand & 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 09.11.2006, SI Gulzari Lal (PW.9), was on patrol duty in a Government vehicle. He was accompanied by other police officials, including Anil Kumar. At Phuwara Chowk, he received secret information that one couple, sitting on the stairs of Shiv Mandir, Cantt Road, was selling charas. Gulzari Lal constituted a raiding party by associating independent witness Subhash Chand (PW -11). Prior thereto, he sent special report (Ex.PW.6/B) to the superior officer, through constable Parmodh Singh (PW.2). Police party visited the spot and saw the accused sitting on the stairs, who on query disclosed their names as Vikram Chand and Sarla Devi. Police sought their personal search and accordingly issued memos (Ex.PW.9/C and Ex.PW.9/D) respectively. Accused expressed their desire of being searched by a gazetted officer. Accordingly, Prem Lal (PW.12) Additional Superintendent of Police, Dharamshala, arrived at the spot and conducted the search operations. Though from the personal search of accused, nothing was recovered, but however, from the black bag (Ex.P -1), carried by accused Vikram Chand, charas weighing 1200 grams was recovered. Also, from the bag (Pithhu, Ex.P -7) carried by accused Sarla Devi 500 grams of charas was recovered. Two samples (Ex.P -2 & Ex.P -3) of 25 grams each were drawn from the charas weighing 1200 grams recovered from accused Vikram Chand and sealed with seal having impression 'D'. Remaining bulk parcel (Ex.P -4) was also sealed with the very same seal impression. Also two samples (Ex.P -8 & Ex.P -9) of 25 grams each were drawn from the charas, weighing 500 grams, recovered from accused Sarla Devi and sealed with seal having impression 'D'. Remaining bulk parcel (Ex.P -10) was also sealed with the very same seal impression. NCB forms (Ex.PW.7/D) were filled up in triplicate. Sample seal was handed over to Subhash Chand (PW.4). Rukka (Ex.PW.7/A) was sent through constable Gopal, on the basis of which FIR No. 269/2006, dated 09.11.2006 (Ex.PW.7/B) was registered by SI Om Prakash (PW.7) at Police Station, Dharamshala, under the provisions of Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as NDPS Act), against the accused. After arrest of the accused, SI Gulzari Lal (PW.9) deposited the case property with MHC Anil Kumar (PW.5), who sent the relevant samples for chemical analysis to the CFSL, Chandigarh through HHC Subhash Chand (PW.4). Report of the Chemical Analyst (Ex.PW.10/A) was obtained 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. Statements of the accused under Section 313 of the Code of Criminal Procedure were also recorded, in which they took plea of innocence and false implication. No evidence in defence was led.