PIARE LAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) PRESENT appeal is filed against the judgment and sentence passed by learned Special Judge Bilaspur in Sessions Trial No. 3/3 of 2009 titled State of H.P. v. Piare Lal and another decided on 26.12.2012.

(2.) BRIEF facts of the case as alleged by the prosecution are that on dated 15.11.2008 P.W. 12 ASI Lekh Ram along with ASI Krishan Chand, HC Hem Raj, LHC Pradeep Singh vide rapat Ext. PW3/A were on patrolling and detection work in Government vehicle No. HP -24 -A -1114 driven by Pradeep Kumar. It is alleged by prosecution that when P.W. 12 ASI Lekh Ram along with other officials were approaching near Goeli at about 5.30 PM accused persons were walking on foot towards Bharathu and when both accused persons saw the police officials both accused persons started walking in fast manner. It is alleged by prosecution that on suspicion police party stopped their vehicle and accused persons were apprehended by P.W. 12 ASI Lekh Ram with the help of other police officials. It is alleged by prosecution that in the meantime PW2 Chandu Ram also reached at the spot and he was associated in investigation of case. It is alleged by prosecution that no other independent witness was available due to lonely place. It is alleged by prosecution that accused disclosed their names as Piare Lal and other co -accused disclosed his name as Yogesh Kumar. It is further alleged by prosecution that P.W. 12 ASI Lekh Ram told the accused persons orally as well as in writing vide memo Ext. P.W. 1/A that he had suspicion that both accused were possessing some narcotic contraband. It is alleged by prosecution that P.W. 12 ASI Lekh Ram also informed the accused persons that they have legal right to be searched in presence of Magistrate or gazetted officer and memo Ext. P.W. 1/A was prepared. It is alleged by prosecution that thereafter P.W. 12 ASI Lekh Ram gave his personal search to accused persons vide memo Ext. P.W. 1/F. It is alleged by prosecution that thereafter on personal search of accused two polythene packets Ext. P2 and Ext. P3 were recovered from front pockets of pant of co -accused Piare Lal in which black coloured substance was kept in the shape of sticks. It is alleged by prosecution that on opening the polythene packets charas in the shape of sticks was recovered and on weighing it was found 600 grams. It is also alleged by prosecution that two samples of 25 grams each obtained and sealed in parcel with three seals of seal 'D' and bulk of charas was also sealed in parcel with three seals of seal 'D'. It is alleged by prosecution that sample seal Ext. P.W. 1/B was separately took on separate piece of cloth and NCB form Ext. P.W. 10/E was prepared in triplicate and seal after use was handed over to PW2 Chandu Ram and memo Ext. P.W. 1/C was prepared. It is alleged by prosecution that P.W. 12 ASI Lekh Ram prepared ruka Ext. P.W. 12/A and sent it through LHC Pradeep Kumar to P.S. on the basis of which FIR Ext. P.W. 10/F was registered. It is also alleged by prosecution that P.W. 12 ASI Lekh Ram prepared site plan Ext. P.W. 12/B and recorded statements of witnesses. It is also alleged by prosecution that thereafter P.W. 12 ASI Lekh Ram produced accused persons along with three parcels Ext. P5 to Ext. P7, NCB forms in triplicate and sample seal to P.W. 10 SHO/Inspector Taranjeet Singh who resealed all sealed parcels along with seal 'C' and filled relevant columns of NCB form and thereafter case property along with NCB form and sample seal were deposited with MHC Suresh Kumar who entered the same in malkhana register. It is alleged by prosecution that thereafter on dated 16.11.2008 PW6 Suresh Kumar handed over the case property to PW7 HC Neelam Kumar and handed over one sample parcel along with NCB forms and sample seal to PW8 HHC Jai Ram on dated 17.11.2008 vide RC No. 205/08 with direction to deposit the same in FSL Junga. It is alleged by prosecution that chemical analyst report was obtained and as per chemical analyst report entire mass was sample of charas. It is alleged by prosecution that thereafter on dated 17.11.2008 special report Ext. P.W. 11/A was prepared and same was handed over to HHC Brij Lal with direction to further hand over the same to S.P. Bilaspur.

(3.) THE prosecution and accused examined following witnesses in support of their case: - -