STATE OF HIMACHAL PRADESH Vs. SHIV KUMAR

JUDGEMENT

(1.) Assailing the judgment dated 21.03.2009, passed by Special Judge, Una District Una, H.P., in Sessions Case No. 7/08/06/Sessions Trial No. 11/08/07, titled as State v/s. Shiv Kumar, whereby accused stands acquitted, State has filed the present appeal under the provisions of Sec. 378 of the Code of Criminal Procedure, 1973. It is the case of prosecution that on 08.11.2004, Ram Gopal (P.W. 1), posted at CIT Staff, Una, received secret information that accused Shiv Kumar was dealing in sale of contraband substance, which fact he disclosed to ASI Darshan Singh (P.W. 13), who recorded his statement under the provisions of Sec. 154 of the Code of Criminal Procedure (Ex. P.W. 10/B). Reasons for belief recorded under the provisions of Sec. 42 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as NDPS Act) were forwarded through Constable Khushwinder Pal Singh (P.W. 5) to the superior officer, which were received by Mohinder Sen (P.W. 8). Accused gave his consent vide memo (Ex. P.W. 2/G) of being searched by the raiding party. After associating Raj Kumar (P.W. 3) and Mohinder Singh (P.W. 12), ASI Darshan Singh alongwith other police officials, including Jagtar Singh (P.W. 2) and Mohinder Kumar (P.W. 6) conducted the search. From the bag carried by the accused, 800 grams of charas was recovered. Two samples of 10 grams each were drawn and samples as also the bulk parcel were sealed with seal having impression 'B'. NCB form (Ex. P.W. 9/B) was filled up on the spot. On the basis of Rukka (Ex. P.W. 1/A) taken by Constable Mohinder Kumar (P.W. 6), FIR No. 773 of 2004, dated 08.11.2004 (Ex. P.W. 10/A) was registered at Police Station, Una, H.P., under the provisions of Sec. 20 of the NDPS Act, against the accused. With the completion of proceedings on the spot, contraband substance was produced before Pritam Chand (P.W. 9), who resealed the same with seal having impression 'O'. Whereafter, case property was entrusted to MHC Rajesh Kumar (P.W. 10), who sent the sample through Jagan Nath (P.W. 4) to CTL, Kandaghat, for chemical analysis and report (Ex. P.W. 13/E) was obtained by the police. 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.

(2.) The accused was charged for having committed an offence punishable under the provisions of Sec. 20 of the NDPS Act, to which he did not plead guilty and claimed trial.

(3.) In order to establish its case, in all, prosecution examined as many as fifteen witnesses. Statement of the accused, under the provisions of Sec. 313 of the Code of Criminal Procedure, was also recorded, in which he took defence of false implication. No evidence in defence was led.