STATE OF HIMACHAL PRADESH Vs. GURPREET SINGH

JUDGEMENT

(1.) Present appeal filed against the judgment of acquittal passed by learned Special Judge Shimla in Sessions Trial No. 22-S/7 of 2007 titled State of H.P. Vs. Gurpreet Singh and another decided on 6.11.2007.

(2.) Brief facts of the case as alleged by the prosecution are that on dated 6.6.2007 at Vikasnagar near Petrol Pump accused along with co-accused Surinder Kumar were found in physical exclusive and conscious possession of 275 grams opium and 2 Kg. 450 grams of charas in Maruti Van No. HP-01A-0394. It is further alleged that information under Section 42 of Narcotics Drugs and Psychotropic Substances Act (Hereinafter referred to as the Act) Ext.PW4/A was sent to Dy.S.P. CID/Crime Branch Shimla. It is further alleged that independent witnesses namely Surinder Singh, Pardeep Kumar and Tilak Raj were associated in the raiding party. It is further alleged that both accused came in maruti van No. HP-01A-0394 from bus stop Vikasnagar towards petrol pump and vehicle was stopped. It is further alleged by prosecution that notice Ext.PW1/A was issued qua search of accused and after search 2 Kg.450 grams charas and 275 grams opium were recovered. It is further alleged that charas was found in shape of sticks and tikkies and scale was obtained from the shop of Rajesh Kumar. It is also alleged by prosecution that two samples of 50 grams each of charas and 20 grams each of opium were separated and sealed in separate parcels. It is also alleged by prosecution that seal after use was handed over to Tilak Raj vide memo Ext.PW1/E and sample of seal also obtained on a piece of cloth Ext.PW1/C and articles were took into possession vide memo Ext.PW1/D. It is further alleged by prosecution that both accused were informed about grounds of arrest and ruka Ext.PW5/A was sent on the basis of which FIR Ext.PW5/B was registered. It is further alleged by prosecution that Investigating Officer handed over the recovered charas and opium along with samples and NCB forms and sample seal to ASI Jasvir Singh in police station East Shimla who resealed the same with seal 'A' vide certificate Ext.PW8/A. It is further alleged that Investigating Officer prepared NCB form Ext.PW8/B on the spot and daily dairy register is Ext.PW8/C. It is further alleged by prosecution that Investigating Officer deposited the case property with MHC Shiv Kumar who sent it along with samples, NCB forms and sample seal to FSL Junga who issued reports Ext.PW11/E and Ext.PW11/F. It is further alleged by prosecution that Investigating Officer prepared site plan Ext.PW11/D and special report Ext.PW9/A was sent to superior officer. It is further alleged by prosecution that case property was entered in Malkhana register Ext.PW7/A which are Ext.P1 to Ext.P10 and road certificate is Ext.PW7/B.

(3.) The prosecution examined as many as eleven witnesses in support of its case:- <FRM>JUDGEMENT_1460_TLHPH0_2014_1.html</FRM>