STATE OF HIMACHAL PRADESH Vs. TELLING JAN

JUDGEMENT

(1.) ASSAILING the judgment dated 11.09.2008, passed by Special Judge, Kullu, H.P., in Sessions Trial No.23/07, titled as State Versus Telling Jan, 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 18.02.2007, at about 7.15 AM, Yash Pal (PW.8) Incharge, Police Post, Manikaran, alongwith police party comprising of Lal Singh (PW.6), Chander Prakash (PW.7), Hem Raj and Kuldeep Singh (not examined), laid Nakka at a place known as Kukrikelo (District Kullu, H.P.). They saw the accused come from Barsheni side. Seeing the police party, accused became perplexed and tried to flee away. On suspicion, he was apprehended and from his jacket, one polythene packet containing charas was recovered, which upon weighment was found to be of 300 grams. HHC Hem Raj and Constable Kuldeep Singh were sent for searching independent witnesses, but since none were available, Yashpal associated police officials Lal Singh (PW.6) and Chander Prakash (PW.7) for carrying out the seizure operations on the spot. Two samples of 25 grams each were drawn from the bulk parcel. Sample as well as remaining bulk parcel were sealed with seal impression 'H'. NCB forms in triplicate were filled up. Special report (Ex.PW.1/A) was sent to the superior Officer. Rukka (Ex.PW.8/B) was sent through HHC Lal Singh (PW.6) to Police Station, Kullu, on the basis of which FIR No.102 of 2007, dated 18.02.2007 (Ex.PW.2/D) was registered, under the provisions of Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as NDPS Act), against the accused. Accused was arrested on the spot vide memo Ex.PW.6/C). Case property was entrusted to SHO Sarwan Kumar (PW.3), who in turn, deposited the same with MHC Manoj Kumar (PW.2). Pradeep Singh (PW.4) took the sample for chemical analysis to Forensic Science Laboratory, Junga. Report of the Chemical Analyst (Ex.2/C) obtained by the police. 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.) THE accused was charged for having committed an offence punishable under the provisions of Section 20 of the NDPS Act, to which he did not plead guilty and claimed trial.