STATE OF HIMACHAL PRADESH Vs. TINKU

JUDGEMENT

(1.) We have perused the entire record of the trial Court, so made available by Mr. Kush Sharma, Deputy Advocate General, which stands returned.

(2.) In relation to FIR No. 9 of 2014, dated 27.01.2014 (Ex. PW.12/A), registered at Police Station, Kheri, District Chamba, H.P., accused Tinku was charged to face trial for having committed offence punishable under the provisions of Sec. 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the NDPS Act). Allegedly 900 grams of charas (contraband substance) was recovered from the conscious possession of the accused.

(3.) In crux, it is the case of prosecution that on 27.01.2014, police party headed by Inspector Jagdish Chand (PW.13) comprising of Daulat Ram (PW.3), Shakti Singh (PW.5), Tilak Raj (PW.6) and Kewal Kumar (not examined) had laid a Naka at a place commonly known as Dralka Rain Shelter. At about 9.15 AM, they noticed the accused trying to flee away. Suspecting that he may be carrying some contraband substance, he was apprehended and after associating two independent witnesses Meer Chand (PW.1) and Tara Chand (PW.2), accused was searched. Prior thereto, he was informed of his statutory right, but agreed to be searched by the police party present on the spot. From the pocket of the jacket worn by the accused one packet containing charas was recovered, which upon weighment was found to be 900 grams. The same was sealed with nine seals of having impression 'SK' and taken into possession vide memo (Ex. PW.2/C). NCB forms in triplicate were filled up. Shakti Singh (PW.5) took Rukka (Ex. PW.11/B) to the Police Station, on the basis of which FIR No. 9 of 2014, dated 27.01.2014, was registered under the provisions of Sec. 20 of the NDPS Act. The case property was entrusted to MHC Daleep Kumar (PW.9), who sent the same for chemical analysis to the Forensic Science Laboratory and report (Ex. PW.13/D) 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.