STATE OF HIMACHAL PRADESH Vs. SANJAY KUMAR

JUDGEMENT

(1.) STATE has appealed against the judgment dated 22.2.2008 of the learned Special Judge, Fast Track Court, Mandi, Himachal Pradesh, passed in Sessions Trial No. 5/2006, titled as State of Himachal Pradesh v. Sanjay Kumar, challenging the acquittal of respondent Sanjay Kumar (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 on 22.10.2005, police party, consisting of HC Ram Lal (PW -8), Constable Whether reporters of the local papers may be allowed to see the judgment? Tara Chand (PW -1) and Constable Sant Ram (PW -13), was on patrol duty. At 5.15 p.m., when they reached near Skodhi Bridge (Mandi), they saw the accused fleeing away. On suspicion, he was apprehended after covering certain distance. Independent witness Sushil Kumar (PW -7), who arrived on the spot, was associated by Ram Lal (PW -8). Accused was searched. From the jacket worn by the accused, one envelope containing Charas in the form of sticks was recovered. The same was weighed and found to be 400 grams. Two samples (A -1 and A -2), each weighing 25 grams, were drawn. Samples as also bulk parcel were sealed with seal impression 'T'. NCB form (Ex. PW -8/A), in triplicate, was filled up; seal was handed over to Sushil Kumar (PW -7). On the basis of Rukka (Ex. PW -8/B) sent through Constable Sant Ram (PW -13), FIR No. 392, dated 22.10.2005 (Ex. PW -9/B), under the provisions of Section 20 of the NDPS Act, was registered at Police Station, Sadar, District Mandi, Himachal Pradesh. Accused was arrested on the spot vide Memo (Ex. PW -1/D). His wife, as per his desire, was informed about the same. Special Report (Ex. PW -6/A) was sent to the Superintendent of Police, Mandi, which was received by Man Singh (PW -6). Ram Lal handed over the case property, including the samples, to SHO Naresh Kumar (PW -9), who resealed the same with his seal impression 'H' and deposited the same with MHC Nand Lal (PW -5), who made entries in the Malkhana Register. One of the samples was sent through Constable Mehar Chand (PW -4) to Forensic Science Laboratory (FSL), Junga. Report (Ex. PX) of the Chemical Examiner was obtained by the police, which revealed the contraband substance to be Charas. 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 13 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 a plea that witnesses, who are police officials, have deposed falsely to show progress in the NDPS cases.