STATE OF HIMACHAL PRADESH Vs. DEVI SINGH

JUDGEMENT

(1.) ASSAILING the judgment dated 12.3.2013, passed by the learned Special Judge, Presiding Officer (FTC), Mandi, H.P., in Sessions Trial No. 41/2010, titled as State of Himachal Pradesh vs. Devi 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 21.12.2009, ASI Ram Lal (PW -7) along with ASI Mohan Lal (PW -9), Constable Dhameshwar Singh (PW -6), HHC Dharam Pal and Constable Kashmir Singh (both not examined) was on patrol duty at a place known as Khoti Naala. At about 5.30 p.m., they saw the accused carrying a bag on his shoulder. Seeing the police party, he became perplexed and tried to flee away. However, on suspicion he was apprehended and searched. From the bag so carried by the accused, contraband substance in the form of charas and opium was recovered, which upon weighment was found to be one kilogram, each. The contraband substance was sealed with seal impression -R. Contraband substance so recovered was taken into possession vide memo (Ext. PW -7/C). NCB form (Ext. PW -7/A), in triplicate, was filled up on the spot. Ruka (Ext. PW -7/D) was prepared and sent through Const. Dhameshwar Singh, on the basis of which Inspector Hari Pal Saini (PW -10), registered F.I.R. No. 319 of 2009, dated 21.12.2009 (Ext. PW -10/B), against the accused under the provisions of Sections 18 and 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act). Dhameshwar Singh brought the file back to the spot and handed it over to the Investigating Officer ASI Ram Lal. Accused was arrested on the spot. The contraband substance was handed over to Inspector Hari Pal Saini (PW - 10) who resealed the same with seal impression -S and deposited the same in the maalkhana. MHC Anil Kumar (PW - 1) handed over the contraband substance to Constable Khem Singh (PW -2) to be deposited at F.S.L. Junga. Report (Ext. PX) of the expert was obtained by the police. Investigation revealed, complicity of the accused in the alleged crime, hence challan was presented in the Court for trial.

(3.) ACCUSED was charged for having committed offences punishable under the provisions of Sections 18 and 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, to which he did not plead guilty and claimed trial.