STATE OF H.P. Vs. RAJ KUMAR

JUDGEMENT

(1.) The present appeal is directed against the judgment dtd. 12/11/2013, passed by learned Special Judge, Kullu, District Kullu, 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 Narcotic Drugs and Psychotropic Substances (NDPS) Act. (Parties shall be referred to in the same manner as they were arrayed before the learned Trial Court for convenience).

(2.) Briefly stated, the facts giving rise to the present appeal are that the police presented a challan against the accused before the learned Trial Court for the commission of an offence punishable under Sec. 20 of the NDPS Act. It was asserted that ASI-Gambhir Chand (PW6), HC-Gian Chand, Constable-Khub Ram (PW2), and Constable-Sangat Ram (PW5) were present at Trakda on National Highway-21 on 21/6/2012 in an official vehicle bearing registration No. HP-34A-9986, which was being driven by Constable Karam Chand. They saw the accused coming from Talogi towards Kullu. He returned after seeing the police vehicle and started running away. ASI-Gambhir Chand (PW6) apprehended the accused. The accused revealed his name as Raj Kumar on inquiry. The place was lonely and deserted and no independent person was available. ASI-Gambhir Chand sent Constable Khub Ram (PW2) towards Talogi to search for an independent person. Khub Ram returned after 15 minutes and revealed that no independent witness was available. ASI-Gambhir Chand associated HC-Gian Chand and Constable-Khub Ram as witnesses. He informed the accused that he had a legal right to be searched before a Magistrate or a Gazetted Officer. The accused opted to be searched by the police vide memo (Ext.PW2/A). ASI-Gambhir Chand gave his personal search to the accused. Nothing incriminating was found in his possession. Memo (Ext. PW6/B) was prepared. ASI-Gambhir Chand searched the accused and found one red carry bag (Ext. P2) tied to his stomach behind the belt. He checked the carry bag and found one polythene envelope (Ext. P3) containing black sticks (Ext. P4). ASI-Gambhir Chand checked the sticks and found them to be charas after smelling and burning them. He weighed the charas and found its weight to be 475 grams. He put the charas in the polythene envelope and put the polythene envelope in the red carry bag in the same manner in which it was recovered. He put the red carry bag in a cloth parcel and sealed the parcel with six impressions of seal 'K'. He filled the NCB-I form (Ext. PW3/C) and put the seal impression on the form. He obtained the sample seal (Ext. PW6/C) on a separate piece of cloth and handed it over to Constable-Khub Ram after the use. He seized the parcel vide seizure memo (Ext. PW2/B). He prepared rukka (Ext. PW3/A) and handed it over to Constable Sangat Ram (PW5) with directions to take it to the police station. Constable-Sangat Ram handed over the rukka to SI/SHO Sher Singh (PW3), who got the FIR (Ext. PW3/B) registered in the police station and handed over the case file to Constable-Sangat Ram with a direction to carry it to the spot. SI-Gambhir Chand conducted the investigation. He prepared the site plan (Ext. PW6/D). He took the photographs (Ext. PW6/A1 to Ext. PW6/A5) of the proceedings. He also video-recorded the proceedings and transferred them to CD (Ext. PW6/A6). He arrested the accused vide memo (Ext. PW6/E). He recorded the statements of the witnesses as per their version. He produced the accused and the case property before Inspector Sher Singh (PW3), who re-sealed the parcel with three impressions of seal 'T' and filled the relevant columns of the NCB-I form. He put the seal impression 'T' on the NCB-I form and obtained the seal impression 'T' on a separate piece of cloth (Ext. PW3/D). He handed over the case property, relevant documents and sample seals to HC-Ram Kishan (PW4) at 11:55 pm. HC-Ram Kishan made an entry in the register of malkhana at serial No.107 (Ext. PW4/A) and deposited the case property in malkhana. He handed over the case property, documents and sample seals to Constable Sangat Ram on 22/6/2012 with a direction to take them to FSL Junga vide RC No.145/12 (Ext. PW4/B). Constable Sangat Ram deposited all the articles at FSL Junga and handed over the receipt to MHC Ram Kishan on his return. ASI-Gambhir Chand prepared the special report (Ext. PW1/A) and handed it over to Additional Superintendent of Police Sandeep Dhawal on 23/6/2012. Additional Superintendent of Police Sandeep Dhawal made the endorsement on the special report and handed it over to his Reader HC-Balbir Singh (PW1), who made an entry at Serial No.55 (Ext. PW1/B) and retained the special report on record. The result of the analysis (Ext. PW3/F) was issued in which it was shown that the exhibit was an extract of cannabis and a sample of charas, which contained 8.89% w/w resin in it. The statements of the remaining witnesses were recorded as per their version, and after the completion of the investigation, the challan was prepared and presented before the Court.

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