STATE OF HIMACHAL PRADESH Vs. KULDEEP SINGH

JUDGEMENT

(1.) This appeal is instituted against the judgment dated 24.1.2003 rendered by the Sessions Judge, Kinnaur Sessions Division at Rampur Bushahr in NDPS Case No. 4 of 2002 whereby the respondents-accused (hereinafter referred to as the "accused" for convenience sake), who were charged with and tried for offence punishable under section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, have been acquitted.

(2.) Case of the prosecution, in a nutshell, is that on 8.3.2002 at about 5.00 A.M. ASI Hans Raj alongwith HC Bodh Raj, HHC Jia Lal and Constable Puran Chand was present in Nakka operation at place Bahu, Tehsil Ani. They went to place Bahu in a gipsy. At 5.00 A.M., indica car bearing registration No. HP-20-A-4328 came there. It was intercepted. Four persons were traveling in the car alongwith driver. Driver disclosed his name as Kuldeep. The person, who was sitting adjoining the driver seat, disclosed his name as Shyam Sunder. The person, who was sitting in the back seat of the car, disclosed his name as Pratap Singh and the other person sitting in the back seat disclosed his name Sampuran Singh. The driver and other co-accused were ordered to get down from the car. ASI gave his personal search to the driver of the car and memo Ex.PW-2/A to this effect was prepared. PW-7 ASI Hans Raj searched the car in the presence of Bodh Raj and Jia Lal. Charas was found from the dickey of the vehicle. The scale and weights were arranged. On weighing it was found to be 4 kg 250 grams. Two samples of 25 grams each were taken out for sample. These were packed in parcels. The remaining bulk of charas and sample of charas were sealed with seal impression 'X'. Each parcel was sealed with five seal impressions. NCB form was filled in. Sample of seal was separately taken on a piece of cloth Ex.PW-2/A. Seal after use was handed over to HHC Jia Lal. Recovery memo Ex.PW-2/B was prepared. Personal search of the accused was also undertaken. Rukka Ex.PW-7/A was sent to the Police Station. Special report was given to the Superintendent of Police, Ani vide Ex.PW-3/A. Police investigated the case and the challan was put up in the court after completing all the codal formalities.

(3.) Prosecution examined as many as seven witnesses in all to prove its case against the accused. Statements of accused under Section 313 Cr.P.C. were recorded. They denied the case of the prosecution in entirety. Learned trial Court acquitted the accused.