STATE OF HIMACHAL PRADESH Vs. MUJMIL KHAN

JUDGEMENT

(1.) STATE has appealed against the judgment dated 4.8.2008, passed by the Special Judge, Kullu, District Kullu, Himachal Pradesh, in Sessions Trial No. 46/2006, titled as State v. Mujmil Khan, whereby accused -respondent Mujmil Khan, hereinafter referred to as the accused, stands acquitted of the offence, punishable under the provisions of Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1984 (hereinafter referred to as the Act).

(2.) IT is the case of prosecution that on 25.2.2006, police party, headed by HC Bhagat Ram (PW -3) and comprising of Constable Janesh Kumar (PW -1), was present at Sabzi Mandi Bazaar, Bhuntar, when it noticed the accused, carrying two bags, who on suspicion was stopped. Constable Janesh Kumar was sent in search of independent witnesses, who returned with Shri Jog Raj (PW -2) and Shri Manghru Ram (PW -3) and in their presence search of the bags was conducted. From one of the bags, Charas kept in gloves was found, which on weighment was found to be 200 grams. Two samples, each weighing 25 grams, were drawn and thereafter the samples and the bulk charas were separately sealed with three seals of seal impression 'T' and taken into possession vide Memo (Ex. PW -2/C). NCB form (Ex. PW -4/A), in triplicate, was filled up on the spot. Ruka (Ex. PW -1/B) was sent through Constable Janesh Kumar, on the basis of which FIR No. 68, dated 25.2.2006 (Ex. PW -9/A), for commission of offence, punishable under the provisions of Section 20 of the Act, was registered at Police Station, Sadar, District Kullu, Himachal Pradesh. With the completion of proceedings on the spot, the case property was produced before SI Joginder Singh (PW -9), who resealed the same with his own seal of impression 'X' and handed it over to MHC Roop Singh (PW -7). Sealed sample was sent through HHC Jai Kishan (PW -8) to the CTL, Kandaghat for chemical examination and report (Ex. PA) was taken on record. With the completion of investigation, which prima facie revealed complicity of the accused in the alleged crime, challan was presented in the Court for trial.

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