STATE OF HIMACHAL PRADESH Vs. SADIQ MOHD.

JUDGEMENT

(1.) THIS appeal is instituted against judgment dated 2.3.2010 rendered by learned Special Judge, Chamba, District Chamba, Himachal Pradesh in Sessions Trial No. 33 of 2009, whereby respondent -accused, who was charged with and tried for offences under Section 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985, has been acquitted.

(2.) CASE of the prosecution, in a nutshell, is that on 10.7.2009, ASI Yudhbir Singh (PW -10) alongwith other police officials was present at Khairi Bridge, Banikhet. Accused came from Khairi side. He tried to turn back. He was apprehended. Option was given to the accused vide Ext. PW2/A. Personal search was also given to the accused by ASI Yudhbir Singh. Personal search of accused was thereafter conducted and a polythene envelope of blue colour was recovered from his possession. It was containing Charas in the shape of small balls and sticks, which was found to be 1.350 kg. Sealing process was completed at the spot. Contraband was taken into possession vide Seizure memo Ext. P -2/D. Specimen of the seal used was taken separately vide Ext PW -2/D. NCB form Ext. PW8/C was filled in triplicate and impression of seal was also affixed on the same. Site Plan Ext. PW -10/A was prepared and Ruka Ext. PW -10/B was sent to police station Dalhousie through Anuj Kumar (PW -3). FIR Ext. PW -8/A was registered. Case property alongwith NCB form and sample seals was produced before HC Bhajan Singh by ASI Yudhbir Singh. All the parcels were sealed with seal 'B'. Case property was deposited in the Malkhana registered vide Ext PW -8/D. Parcels alongwith NCB form and sample seals were sent to FSL Junga on 12.7.2009. Report of Chemical Examiner is Ext. PX. Special report Ext. PW -7/B was prepared and sent to Superintendent of Police, Chamba. Challan was put up in the Court after completing all codal formalities.

(3.) MR . M.A. Khan, Additional Advocate General has vehemently argued that the prosecution has proved its case against the accused.