STATE OF H.P. Vs. BABU RAM

JUDGEMENT

(1.) STATE has appealed against the judgment dated 18.9.2006 of the learned Special Judge, Fast Track, Kullu, District Kullu, Himachal Pradesh, passed in Sessions Trial No. 5 of 2005, titled as State v. Babu Ram, challenging the acquittal of respondent Babu Ram (hereinafter referred to as the accused), who stands charged for having committed an offence punishable under the provisions of Section 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as the NDPS Act).

(2.) IT is the case of prosecution that SI Dorje Ram (PW -5) alongwith Constable Partap Singh (PW -3), Constable Mehar Chand ((PW -4) and HC Narain Singh (not examined), left Police Station, Kullu on patrol duty and detection of crime. At about 12.30 a.m., police party laid Naka on a footpath, between Jai Nallah and Rasol Bridge. The footpath leads to Rasol Bridge constructed over Parbati River. On 25.8.2004 at about 3.15 a.m., accused was seen walking in a torch light carrying a sack. He was coming from the side of Rasol Bridge. In the flash of a torch light, police party saw the accused and stopped him. On query, accused disclosed that he was carrying Charas in the sack. Mehar Chand (PW -4), who was asked to search for independent witnesses, returned after 20 minutes, as Sadhus, who were present in the nearby temple, refused to associate themselves as witnesses. Consequently, after associating police officials Mehar Chand (PW -4) and Narain Singh (not examined) as witnesses, Dorje Ram (PW -5) searched the sack, from which Charas, in the shape of Chapattis, Tikkis and Battis, was recovered. The same was weighed and found to be 12.5 kgs. Two samples, each weighing 25 grams, were drawn. Sample parcels as also bulk parcel were sealed with six seals of impression 'T'. Sample seals, four in number, were prepared. Column No. 8 of the NCB form, in triplicate, was filled up by Dorje Ram. Seal after use was handed over to Narain Singh. Ruka (Ex. PW -5/B) was sent through Constable Partap Singh (PW -3) to Police Station, Kullu, where FIR No. 408, dated 25.8.2004 (Ex. PW -6/A), under the provisions of Section 20 of the NDPS Act, was registered. Partap Singh (PW -3) took the case file and handed it over to Dorje Ram. Accused was arrested on the spot and number of the FIR was recorded on all the documents so prepared on the spot. Thereafter, police party proceeded to the Police Station and handed over the case property to SHO Badri Singh (PW -6), who resealed the samples as also the bulk parcel with his seal impression 'K' (three in number). He also filled up Column Nos. 9 to 11 of the NCB form. Thereafter he deposited the case property, including the NCB forms and the sample seals, with MHC Rup Singh (PW -1). On 25.8.2004, Rup Singh (PW -1) sent one sample through Constable Partap Singh (PW -3) which was deposited at CTL Kandaghat, vide Road Certificate (Ex. PW -1/D) on 26.8.2004. Report (Ex. PA) of the Chemical Analyst, which revealed the sample to be Charas, was obtained by the police and taken on record. With the completion of investigation, which revealed complicity of the accused in the alleged crime, challan was presented in the Court for trial.

(3.) IN order to establish its case, prosecution examined as many as six witnesses and statement of the accused under the provisions of Section 313 of the Code of Criminal Procedure was also recorded, in which he pleaded innocence and false implication. He also examined two witnesses in his defence.