STATE OF HIMACHAL PRADESH Vs. ATUL SHARMA

JUDGEMENT

(1.) Present appeal is filed by the State under Section 378 of Code of Criminal Procedure 1973 against the judgment passed by learned Additional Sessions Judge Fast Track Court Kanga at Dharamshala under Narcotic Drugs and Psychotropic Substances Act in Sessions Trial No. 9-N/VII of 2007 titled State of Himachal Pradesh vs. Atul Sharma. BRIEF FACTS OF THE PROSECUTION CASE:

(2.) Brief facts of the case as alleged by prosecution are that on dated 16.9.2006 police officials conducted the search of motor cycle of accused bearing No. PB-08-2906 near his confectionery shop at Jassur and it is further alleged by prosecution that on checking of dickey 610 capsules of Parvon Spas and eight bottles of corex were found. It is alleged by prosecution that secret information was received by SI Bahadur Singh that accused deals in Charas and other offending articles in his shop situated at Jassur. It is alleged by prosecution that report Ext.PW15/A was prepared and same was sent to DSP Nurpur through C. Nirmal Singh the copy of which is Ext.PW2/A. It is alleged by prosecution that ruka Ext.PW2/B was prepared by SI Bahadur Singh and was sent to police station through C. Gurdeep for registration of FIR on the basis of which FIR Ext.PW12/A was registered. It is alleged by prosecution that SI Bahadur Singh joined the witnesses namely Balvinder Singh and Neeraj in police party and proceeded to the shop situated at Jassur. It is alleged by prosecution that accused was informed that he has legal right to be searched before gazetted officer or Magistrate. It is alleged by prosecution that accused consented that he should be searched before the police officials. It is further alleged by prosecution that police officials were also searched and memo Ext.PW1/A was prepared. It is alleged by prosecution that scooter bearing registration No. PB-08-2906 was found parked outside the shop which was also searched after obtaining keys from accused. It is alleged by prosecution that in dickey of scooter 610 capsules of Parvon Spas and 8 bottles of corex were found. It is alleged by prosecution that 10 capsules out of 610 recovered capsules took out for samples purpose and one bottle out of 8 bottles also took out for sample purpose. It is alleged by prosecution that samples were taken and sealed in the parcels. It is alleged by prosecution that NCB forms in triplicate Ext.PW2/C was prepared. It is alleged by prosecution that impression of seal was obtained on a piece of cloth and seal after use was handed over to witness Balvinder Singh. It is alleged by prosecution that thereafter police officials proceeded to police station Nurpur and four parcels along with NCB form in triplicate and impression of seal were deposited with MHC. It is alleged by prosecution that site plan Ext.PW15/B was prepared. It is further alleged by prosecution that scooter was purchased by accused from Ravinder who had purchased it from Pawan Kumar in consideration amount of Rs. 2000/- (Rupees two thousand only). It is alleged by prosecution that registration certificate which was in the name of earlier owner Pawan Kumar was also took into possession vide memo Ext.PW5/B and RC is Ext.PW5/C. It is alleged by prosecution that sample parcels were sent to FSL Junga along with NCB form and impression of seal. It is alleged by prosecution that sample of contents of capsules recovered vide report Ext.PA were found Dextropropoxyphene Hydrochloride which is prohibited substance under ND&PS Act and corex was found containing Codeine Phosphate which is also prohibited under ND&PS Act. It is alleged by prosecution that special report was sent to S.P. from police station which was received by Reader working there and entry was made in relevant register Ext.PW13/D.

(3.) Learned trial Court framed charge against the accused under Section 22 of Narcotic Drugs and Psychotropic Substances Act. Accused did not plead guilty and claimed trial.