STATE OF HIMACHAL PRADESH Vs. GAURI DASS

JUDGEMENT

(1.) STATE has appealed against the judgment dated 1.5.2010 of the learned Special Judge, Chamba, Himachal Pradesh, passed in Sessions Trial No. 40 of 2009, titled as State of H.P. v. Gauri Dass alias Goru Dass, challenging the acquittal of respondent Gauri Dass (hereinafter referred to as the accused), who stands charged for having committed offences punishable under the provisions of Section 61(1)(a) of the Punjab Excise Act, as applicable to the State of Himachal Pradesh, and Section 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as the N.D.P.S. Act).

(2.) IT is the case of prosecution that on 29.9.2009, when ASI Karan Singh (PW -8), alongwith HC Madho Ram (PW -2), Constable Yakub Mohammed (PW -1), Constable Ghinder Dutt (PW -3), was on patrol/checking duty at Sillagharat, at about 3.30 p.m., when they received secret information that accused was dealing in an illicit trade of liquor. Ruka (Ex.PW -8/A) was sent to Police Station, Sadar (Chamba), through Constable Ghinder Dutt, on the basis of which FIR No. 231, dated 29.9.2009 (Ex. PW -8/B), under the provisions of Section 61 of the Punjab Excise Act, 1914, was registered there. Independent witness Hitesh Kumar (PW -10) was associated by ASI Karan Singh and shop of the accused was searched. Seven bottles of country liquor labeled 'Una No. 1' and three bottles of foreign liquor labeled 'Aristocrat', placed in a gunny bag, were recovered. Also from the counter, charas in the shape of sticks was recovered, which upon weighment was found to be of 200 grams. Charas and the alcohol were sealed separately with seal impression 'K' and taken into possession vide Memo (Ex. PW -1/A). NCB form (Ex. PW -8/F) was filled up in triplicate. With the completion of formalities, accused was arrested on the spot. Contraband substance was produced before SI Atma Ram (PW -7), who resealed the same by affixing three seals of impression 'A'. Special report (Ex.PW -8/H) was also sent to the superior Officers. Contraband substance, i.e. charas, was sent for chemical analysis to the FSL, through Constable Madan Singh (PW -5) and report (Ex. PW -8/G) obtained. Similarly, Alcohol was also sent for chemical analysis and report (Ex.PW -8/J) obtained. With the completion of investigation, which prima facie revealed complicity of the accused in the alleged crime, challan was present in the Court for trial.

(3.) IN order to establish its case, prosecution examined as many as ten witnesses and statement of the accused under the provisions of Section 313 of the Code of Criminal Procedure was also recorded, in which he pleaded innocence and false implication.