STATE OF HIMACHAL PRADESH Vs. PURAN CHAND

JUDGEMENT

(1.) This appeal has been instituted against Judgment dated 20.4.2015 rendered by learned Special Judge (Additional Sessions Judge-II), Shimla, HP in Sessions Trial No. 31-S/7 of 2014, whereby respondent-accused (hereinafter referred to as 'accused' for convenience sake), who was charged with and tried for offence under Section 20-61-85 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 4.3.2013 at 12.00 noon, at Mashobra Bifurcation, Dhalli, police party headed by ASI Ajeet Singh (PW-8) alongwith police officials LHC Sarita, C. Govind Singh PW-3, C. Manoj Kumar PW-9, HHG Sansar Chand was on patrolling duty. At about 12.00 noon, when police party was present at Mashobra Bifurcation, one person was seen coming from Mashobra side. He tried to run away. He was nabbed. He disclosed his name. He was carrying a Khaki bag in his right hand. Black coloured substance was recovered from poly pack which was found to be charas. It weighed 248 grams. Recovered charas was kept in poly pack and put in a sealed parcel sealed with seal impression 'K' (three in number) Rukka Ext PW-3/A was prepared. FIR No. 32/13 was registered. Case property was resealed with three seal impressions of 'P'. Resealing certificate Ext PW-10/D was prepared. NCB form in triplicate was filled in. Columns No. 9 to 11 were filled up by SHO/Inspector Madan Lal PW-10. Case property was deposed with MHC Police Station Dhalli vide entry No. 677. Abstract of Malkhana register is Ext PW-7/A. Case property was sent for chemical examination to FSL Junga. Chemical examination report is Ext PW-8/F. Investigation was completed and Challan was put up in the Court after completing all codal formalities.

(3.) Prosecution has examined as many as 11 witnesses to prove its case against the prosecution. Accused was also examined under Section 313 CrPC. He pleaded innocence. Learned trial Court acquitted the accused. Hence, this appeal.