STATE OF HIMACHAL PRADESH Vs. CHHALO DEVI

JUDGEMENT

(1.) ASSAILING the judgment dated 12.03.2013, passed by Special Judge, Kullu, H.P., in Sessions Trial No. 67 of 2010 (RBT No. 118/12), titled as State Versus Chhalo Devi, 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 16.10.2010, ASI Daya Ram (PW.8) alongwith Mastan Singh (PW.6), Om Prakash (PW.7), Anil Kumar, Lady Constable Harsha Lata, Meena Kumari (not examined) was on patrol duty at Nehru Kund (Manali). Accused, who was carrying a rucksack, seeing the police party, became nervous, hence on suspicion was apprehended. Suspecting that she may be carrying some contraband substance, Om Prakash (PW.7) was sent in search of independent witnesses. However, since none were available, Daya Ram (PW.8), after associating Om Prakash (PW.7) and Meena as witnesses and apprising the accused of her rights vide memo (Ex.PW.7/A), searched her. Though nothing was recovered from her personal possession, but however, from the rucksack charas wrapped in polythene, weighing 2.900 kilograms, was recovered. Two samples were drawn and sealed with four seals having impression 'T'. Special report (Ex.PW.1/A) was sent to the superior Officer. Om Prakash (PW.7) took Rukka (Ex.PW.4/A) to Police Station, Manali, on the basis of which FIR No. 241 of 2010, dated 16.10.2010 (Ex.PW.4/B) 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. SHO Mastan Singh (PW.6) reached the spot. Case property was entrusted to him, who in turn resealed the same with four seals having impression 'H'. Whereafter, Daya Ram (PW.8) deposited the same with MHC Sher Singh (PW.3). NCB forms were filled up on the spot. Man Chand (PW.2) took the sample for chemical analysis to the Forensic Science Laboratory, Junga. Report of the Chemical Analyst (Ex.4/C) was 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.) IN order to establish its case, in all, prosecution examined as many as eight witnesses. Statement of the accused under Section 313 of the Code of Criminal Procedure was also recorded, in which she took the following defence: -