STATE OF H.P. Vs. BABLU DEEN

JUDGEMENT

(1.) The present appeal is directed against the judgment dtd. 22/12/2012, passed by learned Special Judge (Fast Track Court), Chamba, District Chamba, H.P. (learned Trial Court), vide which the respondent (accused before the learned Trial Court) was acquitted of the commission of an offence punishable under Sec. 20 of ND&PS Act.

(2.) Briefly stated, the facts giving rise to the present appeal are that ASI Avtar Singh (PW13), HC Bhagwan Chand (PW5), HC Rajinder Kumar, Constable Subhash Chand (PW11) and Constable Sanjay Kumar (PW6) left the Police Station for traffic checking in the official and private motorcycles. An entry (Ex.PW1/A) was recorded in the Police Station. The Police party was checking the vehicles near Petrol Pump, Banikhet. A motorcycle bearing registration No. HP38-1272 came from Banikhet, at about 4.30 PM. Two persons were riding the motorcycle. The police signalled the rider to stop the motorcycle for traffic checking. The pillion rider ran away. HC Rajinder Kumar and Constable Subhash Chand ran after him. The driver revealed his name as Bablu Deen. He started saying that he had nothing and he should be let off. ASI Avtar Singh (PW13) became suspicious that the accused might be carrying some contraband (charas). Hence, he directed Constable Sanjay Kumar and HC Bhagwan Chand to keep an eye on Bablu Deen. ASI Avtar Singh (PW13) called Suneel Kumar (PW4) telephonically and informed him about the circumstances leading to the apprehension of Bablu Deen. He also informed SHO and asked him to bring a video camera and still camera. Suneel Kumar (PW4) and Constable Rajesh Kumar (PW3) reached the spot. Rajesh Kumar (PW3) brought a video camera and a still camera. ASI Avtar Singh (PW13) told accused Bablu Deen that he had a legal right to be searched before a Magistrate or a Gazetted Officer. He consented to be searched by the Police. Consent memo (Ex.PW5/A) was prepared. Police officials gave their persnal search to accused Bablu Deen. Nothing incriminating was found in their possession. Memo (Ex.PW4/B) was prepared. Search of accused Bablu Deen was conducted and police recovered one polythene packet (Ex.P2) concealed in his socks. The police opened the packet and found that it contained cannabis (Ex.P3). The police checked the cannabis by smelling and burning it and confirmed it to be charas. A memo of identification (Ex.PW5/C) was prepared. ASI Avtar Singh (PW13) weighed the charas and found its weight to be 400 grams. The charas was put in the polythene packet in the same manner in which it was recovered. Polythene packet was put in a cloth parcel and the parcel was sealed with three seal impressions of seal 'A'. The specimen seal (Ex.PW5/B) was taken on a separate piece of cloth. The NCB-1 Form (Ex.PW13/A) was filled in triplicate. The seal impression was put on the NCB-1 form and the seal was handed over to HC Bhagwan Chand (PW5) after its use. Charas was seized vide memo (Ex.PW4/C). Constable Rajesh Kumar (PW3) took the photographs (Ex.PW3/A1 to Ex.PW3/A17). He also video-recorded the proceedings and the video recording was transferred to the CD (Ex.PW3/B). ASI Avtar Singh (PW13) prepared a rukka (Ex.PW12/A) and handed it over to Constable Sanjay Kumar with a direction to carry it to the Police Station. Constable Sanjay Kumar carried the rukka to the Police Station and handed it over to Inspector/SHO Govind Ram (PW12). FIR (Ex.PW12/C) was registered in the Police Station. ASI Avtar Singh (PW13) conducted the investigation. He prepared the site plan (Ex.PW13/B) and arrested the accused vide memo (Ex.PW5/E). He produced the case property and the accused before Inspector/SHO Govind Ram (PW12). He (PW12) resealed the parcel with two impressions of seal 'T'. He filled the relevant columns of the NCB-1 Form and put the seal impression on the form. He prepared a resealing memo (Ex.PW8/A), and obtained sample seal 'T' (Ex.PW8/B) on a separate piece of cloth. A seal impression was also taken on the NCB-1 Form and the seal was handed over to Constable Vinod Kumar (PW8) after its use. Inspector/SHO Govind Ram (PW12) handed over the case property and the documents to HC Arun Kumar (PW9) who made an entry in the Malkhana register (Ex.PW9/A) and deposited the case property in the Malkhana. HC Arun Kumar (PW9) handed over the parcel (Ex.P1), specimen seal impressions, NCB-1 form and documents to HHC Yugal Kishore with a direction to carry them to FSL, Junga vide RC No. 19/12. HHC Yugal Kishore deposited all the articles in FSL, Junga and handed over a receipt to MHC on his return. A special report (Ex.PW11/A) was prepared and handed over to the Superintendent of Police, Chamba, who made an endorsement on the special report and handed it over to HC Subhash Chand (PW11). The result of analysis (Ex. PX) was issued in which it was shown that the exhibit was an extract of cannabis and a sample of charas. Statements of remaining witnesses were recorded as per their version and after completion of the investigation, a challan was prepared and presented before learned Special Judge, Chamba.

(3.) The learned Trial Court charged the accused with the commission of an offence punishable under Sec. 20 of the ND&PS Act, to which the accused pleaded not guilty and claimed to be tried.