STATE OF H.P. Vs. HITENDER KUMAR

JUDGEMENT

(1.) Cr.M.P.(M) No. 1233 of 2015. Leave to appeal is granted. The application is disposed of. The appeal be registered. Cr. Appeal No. 524 of 2015. This appeal has been instituted at the instance of the State against the judgment dated 23.5.2015, rendered by the learned Special Judge-II, Kullu, H.P. in Sessions Trial No. 25 of 2014 (2012), whereby the respondent-accused, who was charged with and tried for offence punishable under Sec. 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the ND & PS Act) was acquitted.

(2.) The case of the prosecution, in a nut shell, is that on the evening of 29.8.2012 at around 7:00 PM, the police party headed by PW- 6 HC Shesh Raj, I.O. Police Station Banjar and consisting of PW-2 HHC Hira Singh and HHC Amar Chand was on patrolling and Nakabandi duty at Fagu Pul, Banjar, Distt. Kullu. The accused was seen coming from the path (pagdandi) towards the road by carrying yellow colour bag in his right hand. The accused on seeing the police party turned back and tried to flee away. He threw the bag on the road. He was nabbed. PW-6 HC Shesh Raj waited for local witnesses for some time and then associated HHC Amar Chand and PW-2 HHC Hira Singh as witnesses. The bag was searched. It contained charas. It weighed 910 grams. Search, seizure and sealing proceedings were completed on the spot. Rukka Ext. PW-5/A was prepared and sent through PW-2 HHC Hira Singh, on the basis of which FIR Ext. PW-5/B was registered at PS Banjar. The spot map was also prepared. The I.O. produced the case property before PW-5 SI/SHO Shiv Singh, who resealed the parcel containing charas with seal "H". He filled up the relevant columns of NCB-1 form. The case property was handed over to PW-1 MHC Sunil Kumar for depositing in the Malkhana. He deposited the same and made entry in the relevant register. The abstract of the register is Ext. PW-1/B. On 31.8.2014, MHC Sunil Kumar sent the case property along with other documents through PW-2 HHC Hira Singh for depositing at FSL, Junga, vide RC Ext. PW-1/D. The investigation was completed and challan was put up before the Court after completing all the codal formalities.

(3.) The prosecution has examined as many as 6 witnesses to prove its case. The accused was also examined under Sec. 313 Cr.P.C to which he pleaded not guilty. According to him, he was falsely implicated. The accused has also examined DW-1 Amar Chand, Adda Incharge, DW-2 Const. Vijay Kumar and DW-3 Gagan Kumar in defence. The learned trial Court acquitted the accused, as noticed herein above. Hence, the present appeal.