STATE OF HIMACHAL PRADESH Vs. VIRENDER KUMAR

JUDGEMENT

(1.) ASSAILING the judgment dated 24.3.2008, passed by learned Special Judge, Una, H.P., in Sessions Case No. 4 of 2007 (Sessions Trial No. 4 of 2007), titled as State of Himachal Pradesh v. Virender Kumar, whereby respondent -accused stands acquitted, State has filed the present appeal under the provisions of Section 378 of the Code of Criminal Procedure, 1973.

(2.) IT is the case of prosecution that on 21.12.2006, SI Shakti Singh Pathania (PW -12) got a secret information that Virender Kumar (accused) who was travelling on his scooter from Santokhgar to Una was carrying charas. Such information (Ext. PW -4/A) was reduced into writing and forwarded to the Superintendent of Police, Una, through Constable Rakesh Kumar (PW -4). After associating two independent witnesses namely Surinder Kumar (PW -2) and Pawan Kumar (PW -3), naaka was set up near Rampur Bridge. Police official Daljit Singh (PW -1) was also present on the spot. At about 4.00 p.m., scooter bearing registration No. HP -20A -9886 was intercepted and after informing the accused of his statutory rights and obtaining his consent vide memo (Ext. PW -1/B), the vehicle was searched. From the dickey of the scooter, charas weighing 970 grams was recovered. Two samples of 25 grams each were drawn and sealed with seal impression -D. The remaining contraband substance was also sealed separately with the same seal impression. The contraband substance and the scooter were taken into possession vide memo (Ext. PW -1/D). NCB form (Ext. PW -12/B) in triplicate was filled up on the spot. Ruka (Ext. PW -12/C) sent through Constable Ranjit Singh (PW -5), led to registration of F.I.R. No. 546 of 2006, dated 21.12.2006 (Ext. PW -11/A), at Police Station Sadar, Distt. Una, against the accused under the provisions of Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act). With the completion of necessary formalities on the spot, case property was produced before the officiating SHO, SI Mohinder Singh (PW -11) who resealed the same with his separate seal, where after the case property was deposited in the maalkhana with MHC Rajesh Kumar (PW -6). Special report (Ext. PW. 8/A) sent to the office of Superintendent of Police, Una was received by ASI Gian Chand (PW -8). HC Nirmal Singh (PW -7) carried the sample parcel to the Central Forensic Science Laboratory, Chandigarh and report (Ext. PW -9/A) taken on record by the police. 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 prove its case, in all, prosecution examined twelve witnesses and statement of the accused under Section 313 Cr.P.C. was also recorded, in which he took plea of innocence and false implication.