LAL SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS appeal is directed against the judgment of the learned Sessions Judge, Kullu (Special Judge), dated 3.3.2003.

(2.) BRIEFLY stated, the case of the prosecution is that the accused Lal Singh has been charge sheeted under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereafter referred to as 'the NDPS Act', on the allegations that on 26.3.2002 at 10 a.m. he was found in conscious and exclusive possession of 12.500 kg. of 'Charas' at Dohlu Nalah.

(3.) FURTHER , the case of the prosecution is that on the same day, the Investigating Officer, on return to the Police Station, produced the case property before Sub Inspector Kaur Singh who reseated it and retained the sample seal Ex. PW 2/C. Special Report of the case was sent through constable Mohinder Singh to Dy. S.P., Manali. After resealing the case property Sub Inspector Kaur Singh deposited it with MHC Bhim Sen (PW 4) who made the entry Ex. PW 5/B in the Malkhana register. One of the seal sample was sent on 27.3.2002 by MHC Bhim Sen to Central Testing Laboratory (CTL), through constable Lal Singh vide Road Certificate Ex. PW 5/A and on receipt of the report (Ex. PW 3/E) of the Chemical Examiner, the sample sent for examination was opined to be that of 'Charas'. Thereafter, Inspector Roshan Lal moved an application Ex. PW 3/A alongwith inventory Ex. PW 3/B to the learned Chief Judicial Magistrate, Kullu, who forwarded the same to the Judicial Magistrate 1st Class, Manali. The learned Judicial Magistrate 1st Class, Manali, came to Police Station, Manali, and the case property was produced before him. He ordered the drawing of a sample and allowed the application qua order Ex. PW 3/D and issued certificate Ex. PW 3/C.