STATE OF HIMACHAL PRADESH Vs. SATISH KUMAR

JUDGEMENT

(1.) State has appealed against the judgment dated 5.7.2008, passed by the Sessions Judge, Kinnaur Sessions Division at Rampur Bushahr, Himachal Pradesh, in N.D.P.S. Case No.6 of 2004, titled as State of Himachal Pradesh v. Satish Kumar, challenging the acquittal of accused-respondent Satish Kumar (hereinafter referred to as the accused) of the offence, punishable under the provisions of Section 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as the Act).

(2.) It is the case of prosecution that on 17.4.2004, SI Daya Sagar (Pw-6), alongwith Constable Tikkam Singh (PW-1), HHC Guddu Brahamchari, Constable Ramesh Chand, Constable Mohar Singh (PW- 5), HHC Hans Raj and Constable Devinder Singh, was on patrol duty at a place known as Thance Mor. At 6.30 a.m., they noticed the accused, carrying a bag, coming from Tikkri Kainchi side towards Nirmand. On seeing the police party, he got nervous and tried to flee away. On suspicion, he was apprehended and apprised of his right of being searched before a Magistrate of Gazetted Officer, but however he consented to be searched by the police party present on the spot, vide consent Memo (Ex. PW-1/A). On search of the bag, a polythene bag, containing Charas, weighing 1 kg was recovered. Two samples, each weighing 25 grams, were drawn. Samples and the bulk parcel were sealed separately with seal of impression 'T'. NCB form (Ex.PW-6/E) was filled up, in triplicate, on the spot. Rukka (Ex.PW-6/A) was sent through Constable Mohar Singh, on the basis of which FIR No.32/04, dated 17.4.2004 (Ex.PW-4/A), for commission of offence, punishable under the provisions of Section 20 of the Act, was registered at Police Station, Nirmand, District Kullu, Himachal Pradesh. Special report (Ex.PW-2/A) was also sent to the Deputy Superintendent of Police, Ani. With the completion of proceedings on the spot, the case property was handed over to MHC Amar Singh (PW-4), who sent the sealed sample, through Constable Jiwa Nand (PW-3), for Chemical Examination to the CTL, Kandaghat. Report (Ex.PW-6/F) of the Chemical Examiner 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.) Accused was charged for having committed an offence punishable under the provisions of Section 20 of the Act, to which he did not plead guilty and claimed trial.