STATE OF HIMACHAL PRADESH Vs. ANIL KUMAR

JUDGEMENT

(1.) ASSAILING the judgment dated 17.12.2007, passed by Additional Sessions Judge (Special Judge), Mandi, H.P., in Sessions Trial No. 36 of 2003, titled as State Versus Anil Kumar, 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 14.05.2003, police party headed by Kesar Singh (P.W.1) comprising of Nanak Chand (P.W.2) and Gian Chand (not examined) were on patrol duty near Victoria Bridge, Mandi Town. At about 2.35 PM, they saw accused coming on a motorcycle. The motorcycle was stopped and checked. Suspecting that accused may be carrying some contraband substance, in the presence of independent witnesses Nagender Kumar (P.W.3) and Sanjeev Sharma (P.W.4), he was searched and from the dickey of the vehicle, contraband substance was recovered. Scales were brought from the shop of Kewal Krishan (P.W.5) and upon weighment, the contraband substance i.e. charas was found to be 20 grams and opium 100 grams. One sample of 10 grams of charas and two samples of 10 grams each of opium were drawn. Samples as well as bulk parcel were sealed with seal having impression 'T'. NCB form (Ex. PW.9/A) filled up on the spot. Rukka (Ex. PW.11/C) taken by Gian Chand (not examined) to the Police Station, on the basis of which FIR No. 195 of 2003, dated 14.05.2003 (Ex. PW.9/B) was registered at Police Station, Sadar, Mandi, H.P., under the provisions of Sections 18 and 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as NDPS Act), against the accused. Accused was arrested. On production of accused and the contraband substance, SHO K.D. Sharma (P.W.9) resealed the contraband substance and deposited it with MHC Baldev Singh (P.W.10). Samples were carried by Param Dev (P.W.7) to CTL Kandaghat for chemical analysis and report (Ex. PX) 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.

(3.) IN order to establish its case, in all, prosecution examined as many as eleven witnesses. Statement of the accused under Section 313 of the Code of Criminal Procedure was also recorded, in which he took defence of innocence. Two witnesses were examined by the accused in his defence.