STATE OF HIMACHAL PRADESH Vs. AMIT KUMAR

JUDGEMENT

(1.) Cr.Mp(M) No.1622/2015

(2.) In relation to FIR No.112/2011, dated 7.6.2011 (Ex. PW-4/A), registered at Police Station, Sadar, District Mandi, Himachal Pradesh, under the provisions of Section 20 of the Act, accused was charged to face trial, for having committed offence, punishable under the provisions of Section 20 of the Act.

(3.) Briefly stated, case of the prosecution is that on 7.6.2011, a police party comprising of ASI Ram Lal (PW-10), HC Krishan Kumar (not examined), Constable Kashmir Singh (not examined), LHC Narpat Ram (PW-2), Constable Dhameshwar (PW- 3) and LHC Kishore Lal (not examined), was on a patrol duty and had laid a Naka at Kainchi Mod on National Highway-21. At about 6.15 p.m., a private bus bearing registration No.HP-65-2244 was stopped for checking. Accused, who was sitting on Seat No.22, on seeing the police party, became perplexed, which raised suspicion that the accused may be carrying stolen articles. Investigating Officer requested the driver, conductor and other passengers to join investigation, but none agreed. Thereafter, LHC Narpat Ram and LHC Kishori Lal were associated as witnesses and after making the accused alight from the bus, haversack (Ex.P-2) carried by him was searched, from which a polythene bag (Ex.P-3) containing Charas (Ex.P-4) was recovered. The Charas was weighed, which was found to be 300 grams. The contraband substance, haversack and the polythene were packed in a parcel (Ex. P-1) and sealed with 12 seals of seal impression 'T'. NCB form (Ex.PW- 2/C) was filled up in triplicate and facsimile of the seal was taken on it. Seal after use was handed over to LHC Narpat Ram (PW-2). Ruka (Ex. PW-2/F) was sent to Police Station, Sadar, District Mandi, Himachal Pradesh, through Cosntable Dhameshwar (PW-3), on the basis of which FIR (Ex. PW-4/A) was registered. Contraband substance was produced before SHO Surender Pal (PW- 1), who after resealing the same the same with six seals of seal impression 'R', handed it over to MHC Thakur Singh (PW-8). The contraband substance was sent through Constable Mahesh Kumar (PW-9) to the Forensic Science Laboratory for analysis. On receipt of the report of the Chemical Examiner (Ex. PA) and completion of investigation, which prima facie revealed complicity of the accused in the alleged crime, challan was presented in the Court for trial.