STATE OF HIMACHAL PRADESH Vs. PREM SINGH

JUDGEMENT

(1.) ASSAILING the judgment dated 18.1.2008, passed by learned Addl. Sessions Judge, Fast Track Court Solan, Distt. Solan, H.P., in Case No. 23 -FTC/7 of 2007, titled as State of Himachal Pradesh vs. Prem Singh, 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 3.12.2006, police party comprising of SI Madan Lal (PW -7), HC Rajbinder (PW -9), constables Parminder (PW -1) and Nanak Chand were on routine patrol duty at Saproon Chowk. At about 5.30 a.m., on suspicion, accused was apprehended and after associating independent witnesses Sunil Kumar (PW -2) and Rakesh Chauhan (not examined), searched. His consent vide memo (Ext. PW -1/A) was obtained. From the pocket of the jacket worn by the accused, charas wrapped in a polythene packet, which upon weighment was found to be 530 grams was recovered. Two samples of 25 grams each were drawn from the recovered contraband. The bulk parcel as well as the sample parcels were sealed with seal impression -N and seized vide memo (Ext. PW -1/C). NCB form (Ext. PW -4/B), in triplicate, was filled up on the spot. Ruka (Ext. PW -1/D) sent through Constable Parminder (PW -1), led to registration of F.I.R. No. 327 of 2006, dated 3.12.2006, (Ext. PW -4/A), 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). Accused was arrested. With the completion of proceedings on the spot, police party returned to the police station where case property was resealed by S.H.O. Ramesh Sharma (PW -4) with his seal impression -C and deposited in the maalkhana under the charge of MHC Sunit Kumar (PW -3). Special report (Ext. PW -1/E) was sent to the superior officer through Constable Parminder (PW -1). Report of the Central Forensic Science Laboratory, Chandigarh (Ext. PX) revealed the contraband substance to be charas. 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 nine 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. No evidence in defence was led by the accused.