STATE OF HIMACHAL PRADESH Vs. RAJESH KUMAR

JUDGEMENT

(1.) The present appeal is directed against the judgment dtd. 17/1/2013 passed by learned Special Judge, Fast Track Court, Shimla, District Shimla (learned Trial Court) vide which the respondent (accused before learned Trial Court) was acquitted of the commission of an offence punishable under Sec. 20 of the Narcotic Drugs and Psychotropic Substances Act (in short 'ND&PS Act'). (Parties shall hereinafter 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 ASI Yoginder Singh (PW8), HC Yashwant Singh, HC Manoj Kumar (PW6), Constable Anil Kumar, Constable Pawan Kumar and Constable Rajiv Kumar (PW7) left Shimla on 16/6/2011 towards Rohru, Jubbal etc for patrolling. They were patrolling on Tiuni, Hatkoti road towards Tiuni on 16/6/2011 at about 4:30 PM at a lonely place when they saw the accused coming towards them. The accused returned after seeing the police party and tried to throw away the bag (Ext.P3). The police apprehended him based on suspicion. The police checked the bag and found black sticks (Ext.P4) inside the bag. ASI Yoginder Singh (PW8) checked the sticks and found them to be charas. The place was lonely and deserted and no independent witness could be found despite efforts; hence, ASI Yoginder Singh (PW8) associated HC Yashwant Singh and HC Manoj Kumar (PW6) as witnesses. He enquired about the name and address of the accused who revealed his name as Rajesh, resident of Uttrakhand. The police weighed the charas with the help of a weighing scale and found its weight to be 3 kg 250 grams. The charas was put in the bag. The bag was put in a cloth parcel (Ext.P2) and the parcel was sealed with seven impressions of seal 'T'. ASI Yoginder Singh (PW8) searched the accused and found a purse (Ext.P7) containing currency notes worth Rs.260.00 (Ext.P8), passport-size photographs (Ext.P9) and a Nokia mobile (Ext.P6). These were put in another parcel (Ext.P5) and the parcel was sealed with five impressions of seal 'T'. NCB-1 Form (Ext.PW8/A) was filled in triplicate. A seal impression was put on the Form. The sample seal (Ext.PW8/B) was taken on a separate piece of cloth and the seal was handed over to HC Yashwant Singh after the use. The parcel was seized vide memo (Ext. PW6/A). Rukka (Ext.PW8/C) was prepared and handed over to Constable Rajiv Kumar (PW7) along with the case property with the directions to carry it to Police Station Jubbal. ASI Yoginder Singh (PW8) conducted the investigation. He prepared the site plan (Ext.PW8/D) and recorded the statements of witnesses as per their version. He arrested the accused vide memo (Ext.PW8/E). The case property and the rukka were produced before ASI Rikhi Ram (PW5) who was officiating as SHO at Police Station Jubbal. He got the FIR (Ext.PW4/A) registered based on the rukka. He put the parcel containing charas in another parcel and sealed the outer parcel with three seals of seal impression 'R'. He filled the relevant columns of the NCB-1 Form and put the seal impression on the form. He issued a certificate (Ext.PW5/A). He obtained the seal impression (Ext.PW5/B) on a separate piece of cloth. He handed over the case property, sample seals and other documents to Head Constable Pyare Lal (PW4) who made an entry in the register No. 19 at Sl. No. 265 (Ext.PW4/B) and deposited the case property in Malkhana. He handed over the parcel containing charas to Constable Jagdeep Singh (PW1) on 18/6/2011 along with the documents, and sample seal with a direction to carry them to SFSL, Junga vide R.C. No. 14/11 (Ext.PW4/C). Constable Jagdeep (PW1) deposited all the articles at SFSL, Junga and handed over the receipt to HC Piyare Lal (PW4). A special report (Ext.PW3/A) was prepared on 17/6/2011 which was handed over to LC Babita (PW2) with the direction to carry it to SDPO Rohru. LC Babita (PW2) handed over the special report to Constable Kedar Singh (PW3) Assistant Reader to SDPO, Rohru. He endorsed one copy and handed it over to LC Babita. He produced the second copy before SDPO, Rohru, who made the endorsement on the same. Constable Kedar Singh (PW3) made an entry in the register (Ext.PW3/A) and retained the special report on record. The result of analysis (Ext.PW5/C) was issued in which it was shown that the exhibit was an extract of cannabis and a sample of charas which contained 30.50 per cent 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 learned Sessions Judge Shimla, who assigned it to learned Additional Sessions Judge (Fast Track Court), Shimla (learned Trial Court).

(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.