STATE OF HIMACHAL PRADESH Vs. SHESH RAM

JUDGEMENT

(1.) PRESENT appeal is filed by the State under Section 378 of Code of Criminal Procedure 1973 against the judgment passed by learned Special Judge Fast Track Court Mandi under Narcotic Drugs and Psychotropic Substances Act in Sessions Trial No. 21 of 2007 titled State of Himachal Pradesh v. Shesh Ram.

(2.) BRIEF facts of the case as alleged by prosecution are that on dated 6.11.2006 at 3.45 P.M. at road Katipari near Padhar District Mandi (H.P.) accused was found in exclusive and conscious possession of 1 Kg. of opium. It is alleged by prosecution that accused was coming from Ghoghar Dhar side towards Padhar carrying one polythene envelope in his right hand and when he saw the police officials he turned back and tried to escape. It is alleged by prosecution that thereafter accused was nabbed by police personnel with the help of PW1 Halku Ram and PW2 Biri Singh who were present at the spot by chance. It is alleged by prosecution that on suspicion of having committed criminal offence PW9 HC Prem Pal obtained consent of accused in writing Ext. PW1/A in presence of PW1 Halku Ram and PW2 Biri Singh by asking the accused whether he intended to be searched before the Magistrate or gazetted officer. It is alleged by prosecution that accused agreed to give his search before the police officials. It is alleged by prosecution that police officials have also given their own search and memo Ext. PW1/B was prepared in presence of PW1 Halku Ram and PW2 Biri Singh. It is alleged by prosecution that thereafter PW9 HC Prem Pal carried out search of polythene envelope and on checking of envelope one carton box of sweet over which Manpasand was written in English was found. It is alleged by prosecution that on opening of carton box Ext. P5 one polythene envelope containing opium Ext. P6 was found and further alleged that thereafter opium recovered from the accused was weighed with the help of weights and scale and it was found 1 Kg and thereafter two samples of 25 -25 grams were drawn. It is alleged by prosecution that both samples were put in separate polythene envelopes and were wrapped with newspaper and were packed in cloth parcels and residue opium was also put into same carton box along with polythene envelope and was packed in cloth parcel. It is alleged by prosecution that thereafter all parcels were sealed with seal impression 'A' and further alleged that NCB form in triplicate Ext. PW9/A was filled up at the spot from Sr. No. 1 to 8 by PW9 HC Prem Pal and PW8 Sub Inspector Kapoor Chand also filled column Nos. 9 to 11 of NCB form. It is alleged by prosecution that thereafter both samples and parcels containing opium along with NCB form were took into possession vide seizure memo Ext. PW9/C in presence of PW1 Halku Ram and PW2 Biri Singh. It is alleged by prosecution that sample seal was obtained on separate piece of cloth i.e. Ext. PW1/E. It is alleged by prosecution that seal after use was handed over to PW1 Halku Ram. It is also alleged by prosecution that copy of recovery memo Ext. PW1/C was given to accused free of cost in presence of witnesses and thereafter PW9 HC Prem Pal handed over ruka to C. Vidya Sagar at 6 P.M. for handing it over to SHO P.S. Jogindernagar. It is alleged by prosecution that on receipt of ruka Ext. PW9/B ASI Durga Dass made an endorsement over the same and recorded FIR Ext. PW10/B. It is further alleged by prosecution that thereafter PW9 HC Prem Pal prepared site plan at the spot which is Ext. PW9/C in presence of witnesses. It is further alleged by prosecution that PW9 HC Prem Pal had given notice of arrest in writing Ext. PW1/H and thereafter PW9 HC Prem Pal handed over the case file along with three parcels bearing seal impression 'A', NCB form in triplicate and sample seal to PW9 Sub Inspector Kapoor Chand and thereafter PW8 ASI Kapoor Chand resealed both sample parcels and parcel containing residue opium with seal impression 'K' in four numbers and filled up the column of NCB form at Sr. No. 9 to 11 which is Ext. PW8/B. It is alleged by prosecution that thereafter PW8 SI Kapoor Chand deposited both sample parcels and parcel containing residue opium, two samples seals 'A' and 'K', NCB form in triplicate and other related documents with MHC Milap Chand. It is alleged by prosecution that thereafter special report Ext. PW5/A was sent to SDPO Sarkaghat through C. Chaman Lal No. 90. It is alleged by prosecution that thereafter PW6 HC Milap Chand sent the sample parcel sealed with seal impressions 'K' and 'A' NCB form in triplicate and other related documents to CFSL Chandigarh through PW7 C. Roshan Lal vide RC No. 145 of 2006 copy of which is Ext. PW6/B. It is alleged by prosecution that thereafter on receipt of report of CFSL Chandigarh Ext. PW8/C PW8 SI Kapoor Chand prepared challan and presented the same in Court.

(3.) THE prosecution examined the following witnesses in support of its case: - -