STATE OF HIMACHAL PRADESH Vs. MIZUTA NATSUHIRO

JUDGEMENT

(1.) THROUGH the instant Cr.M.P(M) the appellant has sought grant of leave to appeal against the impugned findings of acquittal rendered in favour of respondent/accused by the learned Special Judge -II (Additional Sessions Judge), Kullu, in Sessions Trial No. 49 of 2014 decided on 1.1.2015.

(2.) THE facts necessary for rendering an adjudication on the Cr.MP(M) No. 308 of 2015 are that on the evening of 13.3.2014 at about 6.30 p.m when a police party headed by PW -9 HC Vinay Kumar and consisting of Head Constable Hitesh Kumar, HHG Jagdish Chand, driver of official vehicle No. HP -34 -A -9984 was on Nakabandi duty at Temporary Check Post Bajaura with Constable Mukesh Kumar, constable Naresh Kumar and Constable Vikram, then one Volvo Bus of Yak Bus Service bearing No. UP -83 -T -1704 came from Manali side and was going to Delhi, was signaled to stop. Thereafter HC Vinay Kumar, HC Hitesh Kumar and Constable Naresh Kumar boarded the bus and started checking the bus and when they reached near Seat No. 30 the accused on seeing the police party got perplexed and on asking the accused he disclosed his name Mizuta Natsuhiro. The investigator asked the conductor about the luggage of the accused and the conductor disclosed that the luggage of the accused was inside the dickey of the bus where seat Nos. of the passengers have been marked with chalk. Thereafter, the investigator got the accused alighted from the bus and one bag with Mark seat No. 30 belonging to accused was taken out from the dickey of the bus by conductor of the bus and the bag as well as the accused were taken to temporary check post. Thereafter, investigator PW -9 Head Constable Vinay Kumar gave his personal search to the accused but nothing incriminating was recovered. Thereafter, the bag of the accused was checked by investigator and inside the bag one transparent polythene envelope was found in which two shoes of red coloured were kept and on checking the shoes, transparent envelopes were found which were containing black colour substance in pan cake and round shape and when the said black coloured substance was checked, it was found charas. The recovered charas was weighed with the help of an electronic scale and its weight was found 190 grams. Out of the recovered 190 grams charas, one sample of ten gram charas was taken and put in a cloth parcel and sealed with three seal of 'M'. Thereafter, investigating officer completed all the codal formalities.

(3.) IN order to prove its case, the prosecution examined as many as 10 witnesses. On closure of the prosecution evidence, the statement of the accused under Section 313 Cr.P.C. was recorded, in which he pleaded innocence. On closure of proceedings under Section 313 Cr.P.C. the accused was given an opportunity to adduce evidence in defence and he chose not to adduce any evidence in defence.