MEHAR SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) PRESENT appeal is filed against the judgment and sentence passed by learned Special Judge Kinnaur Sessions Division at Rampur Bushehr in Sessions Trial No. 12 of 2009 titled State v. Mehar Singh decided on dated 30.7.2013.

(2.) IT is alleged that on dated 28.12.2008 ASI Jagat Singh was on patrolling duty along with C. Amar Singh, HHC Daya Ram, HHC Tilak Raj at Dawah near Bagipul and at about 2.30 PM at Jaon Bagipul road a person was seen coming from Jaon side carrying a polythene bag in his hand and when he saw police officials he tried to turn back. It is alleged by prosecution that on suspicion accused was caught and on inquiry he disclosed his name as Mehar Singh. It is alleged by prosecution that place was isolated and independent witnesses could not be associated. It is further alleged by prosecution that accused was informed that he has legal right to be searched before the Magistrate or gazetted officer and thereafter accused had given his consent that he should be searched by police officials and thereafter consent memo Ext. PW1/A was prepared. It is alleged by prosecution that thereafter police officials have given their personal search and no incriminating article was found from possession of police officials. It is alleged by prosecution that thereafter plastic bag which was in possession of accused was searched and 1 Kg. 500 grams charas was found. It is also alleged by prosecution that thereafter two samples of 25 grams each were taken for chemical analysis. It is alleged by prosecution that seal impression was obtained and NCB form Ext. PW9/A was filled. It is alleged by prosecution that recovered charas was took into possession vide recovery memo Ext. PW1/C and thereafter ruka Ext. PW10/A was sent for registration of case and on the basis of ruka FIR Ext. PW2/A was registered. It is alleged by prosecution that thereafter spot map Ext. PW10/B was prepared and grounds of arrest were informed to accused vide memo Ext. PW1/E. It is alleged by prosecution that case property along with NCB form was produced before SHO and then SHO P.S. Nirmand on dated 28.12.2008 resealed the bulk as well as sample parcels with seal 'H' and also filled column Nos. 9 to 11 of NCB form Ext. PW9/A. It is further alleged by prosecution that specimen impression of seal 'M' was obtained and thereafter special report Ext. PW4/A was prepared. It is also alleged by prosecution that charas Ext. P4 was recovered in the shape of balls and sticks. It is further alleged by prosecution that on dated 30.12.2008 one parcel of sample along with sample seal, NCB form and other relevant documents were handed over to C. Rohit Singh vide RC No. 74/2008 with direction to deposit the same in office of FSL Junga. It is also alleged by prosecution that thereafter articles were deposited in the office of FSL Junga and receipt obtained. It is alleged by prosecution that thereafter special report was presented before Bhajan Singh Negi Dy. S.P. who made his endorsement and receipt of special report was recorded in the register. It is alleged by prosecution that thereafter SI Dulo Ram on receipt of report of chemical examiner Ext. PY prepared challan. It is also alleged by prosecution that supplementary challan was also filed.

(3.) PROSECUTION examined as many as ten witnesses in support of its case and accused persons examined four witnesses as defence witness: - -