STATE OF HIMACHAL PRADESH Vs. KAILASH MEHTA

JUDGEMENT

(1.) STATE has appealed against the judgment dated 15.12.2007 of the learned Special Judge, Fast Track Court, Una, District Una, Himachal Pradesh, passed in Sessions Case No. 6/07, titled as State v. Kailash Mehta, challenging the acquittal of respondent Kailash Mehta (hereinafter referred to as the accused), who stands charged for having committed an offence punishable under the provisions of Section 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as the Act).

(2.) IT is the case of prosecution that on 15.2.2007, when a police party, headed by HC Subhash Chand (PW -10), comprising of Constables Gurdial Singh (PW -1), Surinder Singh (PW -2), Mohinder Kumar (PW -3) and Rajesh Kumar, was on patrol duty, at about 5.15 p.m., Constable Anil Kumar (PW -11) furnished information that accused Kailash Mehta was selling Ganja in the huts near Kushat Ashram. Proceedings, under the provisions of Section 42 of the Act, were drawn and information sent to the Superintendent of Police, Una, on the basis of which FIR No. 72/07, dated 15.2.2007 (Ex. PW -9/D) was registered at Police Station, Una. HC Subhash Chand associated independent witnesses Surinder Kumar (PW -4) and Sukh Dev (not examined) and raided the premises. After informing the accused of his statutory rights and obtaining his consent (Ex. PW -3/A), accused was searched. From the bag carried by the accused, 2 kgs of Ganja was recovered. Two samples, each weighing 200 grams, were drawn. Bulk parcel and the samples were sealed with seal of seal impression 'B' and taken into possession vide Memo (Ex. PW -3/C). Impression of the seal was also taken on a piece of cloth (Ex. PW -10/C). Accused was arrested vide Memo (Ex. PW -3/D). NCB form was filled up in triplicate. Case property was produced before SI Karam Chand, who resealed the same with his seal of seal impression 'J'. Thereafter, it was deposited in the Malkhana with MHC Rajesh Kumar (PW -5), who kept the same in safe custody. Report of the Forensic Science Laboratory (Ex. PW -9/A & 9A/A) 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, prosecution examined as many as 11 witnesses and statement of the accused under the provisions of Section 313 of the Code of Criminal Procedure was also recorded, in which he pleaded false implication.