STATE OF HIMACHAL PRADESH Vs. TARA CHAND

JUDGEMENT

(1.) STATE has appealed against the judgment dated 11.11.2009 of the learned Special Judge, Fast Track Court, Shimla, Camp at Rohru, Himachal Pradesh, passed in Sessions Trial No. 10 -5/7 of 2008, titled as State of Himachal Pradesh v. Tara Chand, challenging the acquittal of respondent Tara Chand (hereinafter referred to as the accused), who stands charged for having committed an offence punishable under the provisions of Section 18 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as the NDPS Act).

(2.) IT is the case of prosecution that in the morning of 27.5.2006, police party headed by ASI Tej Ram PW -4) and comprising of HHC Bhag Mal (not examined) and Constable Sarwan Kumar (PW -5), was on patrol duty. At 8.15 a.m., when the police party reached village Gadli, it saw opium plants sown in a field above path, in between two small houses. ASI Tej Ram called residents of the area, namely Smt. Shanta Devi (PW -2, Jagdev Sharma (Pw -3), Smt. Lachhi Devi (not examined), Smt. Remeshwari Devi (not examined) to spot, who on enquiry told that the houses and the field in which the opium plants were sown belonged to the accused, who are not present in the house at that time. He was called and the spot was got photographed. The spot was got demarcated from Naib Tehsildar Shri Jai Lal Chauhan (PW -1) and Patwari Amar Chand (PW -4), and report (Ex. PA) obtained. On counting, the opium plants were found to be 1794. Two samples, each of 10 plants, were separated. Remaining plants were made into different parcels. Thereafter, the bulk parcels and the samples were sealed with seal of impression 'K'. Ruka (Ex. PF) was sent through Constable Sarwan Kumar, on the basis of FIR No. 34/06, dated 27.5.2006 (Ex.PM), under the provisions of Section 18 of the NDPS Act, was registered at Police Station, Chirgaon, District Shimla, Himachal Pradesh. The case property was produced before SHO Pritam Singh (PW -13), who resealed the same with his seal of impression 'P' and deposited the same in the Malkhana. Sealed sample was sent to the Central Testing Laboratory, Kandghat and report (Ex.PP) taken on record. On 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, prosecution examined as many as 14 witnesses and statement of the accused under the provisions of Section 313 of the Code of Criminal Procedure was also recorded, in which he took plea of innocence and false implication.