STATE OF HIMACHAL PRADESH Vs. JOGI RAM

JUDGEMENT

(1.) ASSAILING the judgment dated 17.09.2008, passed by Special Judge, Kullu, H.P., in Sessions Trial No. 21/07, titled as State Versus Jogi Ram, whereby 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 17.12.2006, police party comprising of Kishori Lal (PW.1), Gangbir Singh (PW.2), Ram Krishan (not examined), headed by Hem Raj (PW.3) were on patrol duty at Gamon Bridge. At about 4.30 AM, accused, who was coming from Rama Bai side, seeing the police party, tried to flee away. However, on suspicion, he was apprehended. Suspecting that he may be possessing some contraband substance, after associating Kishori Lal (PW.1) and Gangbir Singh (PW.2) as witnesses, accused, who was informed of h is statutory right and after obtaining his consent (Ex.PW.2/A), was searched. From the polythene bag, so carried by him, 1 kg of charas was recovered. Two samples of 25 grams each were drawn. Sample as also the bulk parcel were sealed with seal having impression 'A' and taken into possession vide recovery memo (Ex.PW.2/D). NCB form (Ex.PW.3/A) was filled up. Rukka (Ex.PW.3/B) was carried by Constable Kishori Lal (PW.1) to Police Station, Kullu, on the basis of which SI Mahinder Kumar (PW.7) registered FIR No. 664 of 2006, dated 17.12.2006 (Ex.PW.7/A), under the provisions of Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as NDPS Act) against the accused. File was taken back to the spot. Whereafter proceedings were completed. Contraband substance was resealed by SI Mahinder Kumar (PW.7) and deposited with MHC Rup Singh (PW.8), who made entry of the same in the Malkhana register. Rup Singh sent the sample through Constable Tabe Ram (PW.5) for chemical analysis to CFSL, Chandigarh, report (Ex.PA) thereof obtained by the police. Special report (Ex.PW.6/A) was personally handed over by Hem Raj (PW.3) to the Deputy Superintendent of 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.

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