STATE OF HIMACHAL PRADESH Vs. BALAK RAM

JUDGEMENT

(1.) ASSAILING the judgment dated 27.09.2008, passed by Special Judge, Fast Track, Kullu, H.P., in Sessions Trial No. 58 of 2006, titled as State Versus Balak Ram, whereby 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 23.11.2005, police party comprising of SI Ram Karan (P.W.8), Rajender Singh (not examined), Dalip Kumar (P.W.6) and Om Chand (P.W.7) had set up a Naka at Fagu -Pul. Police party had left Police Station, Banjar in a Government vehicle. At about 9.00 PM, accused, who was coming from the jungle side, seeing the police party threw a rucksack and fled away. However, after some time he was apprehended. From the bag, charas in the shape of chapattis and sticks weighing 850 grams, was recovered. Two samples of 25 grams each were drawn and samples as also bulk parcel were sealed with seal having impression 'T' and taken into possession vide recovery memo (Ex.PN). NCB form (Ex.PO) was filled up. Rukka (Ex.PP) was carried by Constable Dalip Kumar (P.W.6) to Police Station, Banjar, on the basis of which ASI Mathuru Ram (P.W.4) registered FIR No. 117 of 2005, dated 23.11.2005 (Ex.PE), under the provisions of Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as NDPS Act) against the accused. With the file being taken back to the spot, formalities were completed. SI Ram Karan deposited the case property with MHC Chaman Lal (P.W.5), who sent the sample for chemical analysis through Mast Ram (P.W.2) to CTL, Kandaghat, report (Ex.PT) thereof was obtained by the police. Special report (Ex.PC) was handed over by SI Ram Karan (P.W.8) to Sonam Choppel, Additional Superintendent of 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 establish its case, in all, prosecution examined as many as eight witnesses. Statement of the accused under Section 313 of the Code of Criminal Procedure was also recorded, in which he took defence of innocence and false implication. No evidence in defence was led.