STATE OF HIMACHAL PRADESH Vs. HALKU RAM

JUDGEMENT

(1.) This appeal has been instituted against Judgment dated 5.5.2015 rendered by learned Special Judge, Mandi, District Mandi (H.P.) in Sessions Trial No. 49/2010, whereby respondent -accused (hereinafter referred to as 'accused' for convenience sake), who was charged with and tried for offence under Sec. 18 and 20 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as 'Act' for convenience sake) has been acquitted.

(2.) Case of the prosecution, in a nutshell, is that on 15.3.2010, PW -9 ASI Naresh Kumar, PW -4 Constable Bansi Ram, Constable Birbal Singh, HHC Sukh Ram and HHG Devinder Kumar had gone on patrolling duty in a vehicle. Police party laid Naka at Galu on National Highway. At about 4.15 pm, accused came on motorcycle bearing registration No. PB -07 -H -4369 from Jogindernagar side. He was signalled to stop. Accused was asked to produce documents of the motorcycle. During search of Dickey of motorcycle, two polythene packets were found. Accused became frightened. Investigating Officer sent PW -4 Bansi Lal to bring independent witnesses. However, no one was ready to join the investigation PW -4 Bansi Lal and Constable Birbal were associated in the investigation. On checking of parcels, opium and charas were found. HHG Devender Kumar was sent to bring weights and scale from the shop of Rakesh Kumar. Opium weighed 140 grams and Charas weighed 100 grams. Contraband so recovered was put in the same polythene packets and each packet was separately sealed with seal impression 'T'. NCB form Ext. PW -7/C was filled in triplicate on the spot. Investigating Officer prepared Rukka Ext. PW -9/A and sent the same to the Police Station through HHC Sukh Ram. Investigating Officer prepared spot map. Contraband was produced before PW -8 Shakuntla Devi, who resealed the case property with seal impression 'K'. Case property was deposited with PW -7 MHC Mangat Ram, the then MHC Jogindernagar. Case property was sent to FSL through HHC Bachitar Singh vide RC Ext. PW -2/A. Report of the Forensic Science Laboratory is Ext. PA. Investigation was completed and Challan was put up in the Court after completing all codal formalities.

(3.) Prosecution has examined as many as 9 witnesses to prove its case against the accused. Accused was also examined under Sec. 313 CrPC. He pleaded innocence. Learned trial Court acquitted the accused. Hence, this appeal.