STATE OF H P Vs. OM PARKASH

JUDGEMENT

(1.) THIS appeal is directed against the judgement of acquittal rendered on 15.11.2007 by the learned Special Judge ( Court No.II), Kangra at Dharamshala, H.P. in Sessions Case No. 30 - D/06 whereby the learned trial Court acquitted the respondent for his having committed offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act.

(2.) THE prosecution story, in brief, is that on 14.5.2006 at about 7.10 p.m. SI Om Parkash, ASI Ranbir Singh HC Madan Mohan and C Anil Kumar were present at Kalapul for arranging a naka under rapat No. 10. At that time, the accused was seen by the police party. On seeing the police party, accused ran back, but was apprehended by the police after a chase. In the presence of two witnesses Om Parkash and Suresh Kumar, the accused has disclosed his name to the police to be Om Prakash. SI Om Parkash then gave his personal search to the accused but nothing incriminating was found on his personal search. On search of accused, Bag Ex. P -3, carried by him was checked and on its checking a yellow coloured plastic bag Ex. P -4 was found in it, which on checking was found to be containing charas Ex. P -5 in the form of tikkis. After weighing the charas so recovered from the possession of the accused, it was found to be 1120 grams. Two samples of 25 grams each of the contraband were separately taken for the purpose of analysis which were kept inside the matchboxes and thereafter both these match boxes were separately sealed in two cloth parcels with seal D and the remaining bulk of charas had been separately sealed in a cloth parcel with seal D. NCB forms in triplicate Ex. PW -3/B were filled in and sealed with seal impression D. All the documents were signed by the witnesses at the site of the occurrence. Rukka Ex. PW -2/A was prepared at the spot. FIR comprised in Ex. PW -2/B was registered. Site plan comprised in Ex. PW -11/D was also prepared. The accused was arrested under memo Ex. PW -11/F. The case property was produced by SI Om Parkash before ASI Surjit Kumar, who had re -sealed the sample and bulk of charas with his own seal 'A' and had also affixed six seals 'A' on NCB form. Separate seal impression of seal "A" on a piece of cloth was taken which is Ex. PW -3/C and thereafter all the case property after re -sealing had been handed over to MHC of police Station, concerned. Special report comprised in Ex. PW -4/A was prepared by the SHO and was sent to SP Kangra through HC Balbir Chand which was handed over by him to HC Subhash Chand, the then reader of SP, Dharamshala, who entered the same in the register. On 18.5.2006 MHC Anil Kumar, Police Station, Dharamshala had sent the sample of charas, one NCB form, one docket and samples of seal 'A' and 'D' to CTL Kandaghat through HHC Bir Singh, who had deposited the same to CTL Kandaghat. Chemical examiner report is comprised in Ex. PW -11/J and receipt of all the items aforesaid is comprised in Ex. PW -5/A.

(3.) AFTER completion of the investigation, challan, under Section 173 of the Cr.P.C. was prepared and filed in the Court. The trial Court charged the accused for his having committed offence punishable under Section 20 of the NDPS Act to which he pleaded not guilty and claimed trial.