STATE OF HIMACHAL PRADESH Vs. VISHAL SHARMA

JUDGEMENT

(1.) ASSAILING the judgment dated 18.03.2008, passed by Special Judge (II), Una, District Una, H.P., in Sessions Case No. 18/05/Sessions Trial No. 6/06, titled as State Versus Vishal Sharma, 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 25.05.2005 Sub Inspector Harbans Lal (PW. 10) deputed HHC Sher Bahadur (PW. 1) to gather information with regard to alleged violation of cases. Police got information that accused was indulging in an illegal trade of psychotropic substance, and as such, information (Ex. PW.1/A) sent to superior officer. Rukka was sent to Police Station, on the basis of which FIR No. 347/05 dated 25.05.2005 (Ex. PW.2/A) was registered at Police Station, Una, H.P., under the provisions of Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as NDPS Act), against the accused. Police party headed by Harbans Lal, after associating independent witnesses namely Rajesh Kumar (PW. 8) and Anil Kumar (PW. 9) obtained consent of the accused vide memo (Ex. PW.10/B) and searched him. From the right pocket of the pants worn by the accused, a polythene envelope containing opium was recovered which upon weighment was found to be of 250 grams. Two samples of 10 grams each were drawn. Sample and bulk parcel were sealed with a seal of seal impression 'B', which were handed over to Rajesh Kumar (PW. 8). Accused was formally arrested. NCB forms were filled up on the spot. Contraband substance and NCB forms were handed over to SHO Ajay Rana (PW. 2), who resealed the same with his own seal 'N' and deposited the same with MHC Rajesh Kumar (PW. 4). The case property was kept in the malkhana. One sample parcel along with sample of seals and NCB forms was taken by Vijay Kumar (PW. 5) and deposited at CTL Kandaghat. Report of the Chemical Analyst (Ex. PW.2/E), obtained by the police revealed the contraband substance to be opium. 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 eleven witnesses. Statement of the accused under Section 313 of the Code of Criminal Procedure was also recorded, in which he took plea of innocence and false implication. No evidence in defence was led.