STATE OF H.P. Vs. PARDEEP SINGH

JUDGEMENT

(1.) This appeal is directed against the judgment rendered on 30.8.2008 by the learned Special Judge, Mandi, in Sessions trial No. 9 of 2007, whereby the latter Court acquitted the accused/respondent herein (hereinafter referred to as "accused") for his having committed an offence punishable under Sec. 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "the Act").

(2.) Brief facts of the case are that on 1.9.2005 HC Harinder Singh, (PW -7) along with Constable Hans Raj, PW -1 was on patrol duty on motorcycle. At about 5.30 AM when they reached at Bus stand, Mandi HRTC bus No. HP -68 -0482, enroute from Delhi to Manali stopped there and a person alighted from the bus from the rear door, who was carrying a poly bag in his hand and on seeing the police officials he started moving back. They chased the said person and nabbed him. On suspicion his poly bag was searched and jacket Ext. P.10, mobile phone Ext. P.11 and blue coloured packet Ext. P.2 were recovered from the poly bag. When the packet Ext. P.2 was searched, it was found containing poly packets Ext. P.3 and P.4. The poly packets were wrapped with tape and on theirs being opened, brownish coloured smack round in shape of different sizes was recovered, which was weighing about 15 -20 grams. The said smack was taken into possession along with other articles vide recovery memo Ext. PA, which was signed by the Investigating Officer, as well as Constable Hans Raj and accused. On enquiry, the accused disclosed his name as Pradeep Kumar. Thereafter, Ruka Ext. PB was prepared and sent through Constable Hans Raj for registration of the case to Police Station, Sadar, Mandi. On the basis of which FIR Ext. PO was registered. The site plan Ext. PP was prepared. As there was no arrangement for weighing the contraband, the accused along with contraband was brought in the shop of Suresh Kumar, Jeweller, Moti Bazar, Mandi. Thereafter, the contraband was weighed and found to be 20 grams. Two samples of 5 grams each were taken out from the contraband and sealed with seal having impression T. Remaining contraband Ext. P.5 was also sealed with seal impression T in parcel Ext. P.1 along with two poly packets Exts.P.3 and P.4, which were put in blue bag Ext. P.2. Signatures of accused along with witnesses Hans Raj and Pappi Kumar on both the sample sealed parcels were taken. The accused was informed about his arrest vide Memo Ext. PQ and his personal search was also carried out vide memo Ext. PR. The statements of the witnesses were recorded as per their version. Two sealed samples along with specimen seals and NCB form along with other documents were sent to CTL, Kandaghat vide RC No. 158/2005 through Constable Param Dev for chemical examination. The report of the Chemical Examiner, Kandaghat Ext. PK was received, in which the traces of Heroin have been detected in the contraband. After completion of the investigation, challan, under Sec. 173 of the Cr.P.C. was prepared and filed in the Court.

(3.) The trial Court charged the accused for his having committed an offence punishable under Sec. 21 of the Act to which he pleaded not guilty and claimed trial.