(1.) ASSAILING the judgment dated 26.09.2007, passed by Additional Sessions Judge, Fast Track Court, Kangra at Dharamshala, H.P., in S.C. No. 13 -D/VII/07/S.T. No. 17/2007, titled as The State of Himachal Pradesh Versus Avinash Katoch, 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 27.12.2006, police party comprising of Constable Sanjeev Kumar (P.W. 5), Santosh Patial (P.W. 6) and Inspector R.P. Jaswal (P.W. 10) had laid a Naka at Tapoban Chowk, Dhramshala, District Kangra, H.P. At about 10.35 P.M., accused came on a motorcycle which was stopped. On suspicion, accused was checked and from the bag carried by him, contraband substance, which appeared to be charas, was recovered. Prior thereto, independent witnesses Bishan Giri (P.W. 1) and Sarwan (P.W. 2) were associated by the police. Upon weighment, charas was found to be 3 kilograms. Two samples of 25 grams each were drawn and sealed with seal having impression 'A'. Rukka (Ex. P.W. 10/C) was sent to the Police Station, on the basis of which F.I.R. No. 303/2006, dated 27.12.2006 was registered at Police Station, Dharamshala, under the provisions of Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as NDPS Act), against the accused. Necessary formalities were completed on the spot, including filling up of the forms; arrest of the accused and preparation of record. Thereafter contraband substance was deposited with MHC Anil Kumar (P.W. 7), who kept it in the Malkhana. Sealed sample was taken by Joginder Singh (P.W. 8) to be deposited with the Central Forensic Science Laboratory, Chandigarh and after chemical analysis, 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, in all, prosecution examined as many as ten witnesses. Statement of the accused under Section 313 of the Code of Criminal Procedure was also recorded, in which he took plea of innocence and false implication. No evidence in defence was led.
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