STATE OF HIMACHAL PRADESH Vs. SATISH KUMAR

JUDGEMENT

(1.) Assailing the judgment dated 20.3.2008, passed by learned Addl. Sessions Judge, Fast Track Court Solan camp at Nalagarh, H.P., in Case No. 19 FTC/7 of 2007, titled as State of Himachal Pradesh v. Satish 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 29.9.2006 police party comprising of HC Het Ram, HC Mast Ram, HC Dharam Singh, Constables Ajay Kumar (PW-9), Chabbil Dass and Leela Dutt (PW-7), headed by ASI Deva Nand (PW10), apprehended the accused at Berty on Subathu-Solan road. Under suspicious circumstances he was searched in the presence of independent witnesses Rajesh Verma (PW-8) and Sohan Lal (not examined) and from the brief case so carried by him, contraband substance, which upon weighment was found to be 500 grams, was recovered. Two samples of 25 grams each were drawn from the recovered contraband and sealed with seal impression-H. Remaining bulk parcel was also sealed with the very same seal and seized vide memo (Ext. PW-10/C). NCB form (Ext. PW-3/C) in triplicate was filled on the spot. Ruka (Ext. PW- 4/A) sent through C-Leela Dutt (PW-7), led to registration of F.I.R. No. 262 of 2006, dated 29.9.2006, (Ext. PW-4/B), at Police Station Sadar, Distt. Solan, against the accused under the provisions of Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act). At the police station, case property was resealed by DSP (P) Sandip Bhardwaj (PW-4) with his seal impression-K and deposited in the maalkhana under the charge of MHC Sunil Kumar (PW-3). Constable Madan Lal (PW-2) carried the sample parcel to the Central Forensic Science Laboratory at Chandigarh and report (Ext. PW-6/A) taken on record by the police. Special report (Ext. PW-5/A) sent to the superior officer was received by ASI Yoginder (PW-5) posted as Reader to the Superintendent of Police, Solan. 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.) Accused was charged for having committed an offence punishable under the provisions of Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, to which he did not plead guilty and claimed trial.