STATE OF HIMACHAL PRADESH Vs. RAMESH KUMAR

JUDGEMENT

(1.) State has appealed against the judgment dated 26.2.2009, passed by the Special Judge, Fast Track, Kullu, Himachal Pradesh, in Sessions Trial No. 9 of 2008, titled as State v/s. Ramesh Kumar, whereby accused -respondent Ramesh Kumar, hereinafter referred to as the accused, stands acquitted of the offence, punishable under the provisions of Sec. 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act). It is the case of prosecution that on 21.11.2005, ASI Shiv Singh (P.W. -7), alongwith Constable Pratap Chand (P.W. -5), Constable Pawan Kumar (P.W. -6) and LC Dropti Devi (not examined), was on patrol duty at village Loran. At about 3.30 p.m., police party spotted the accused, carrying a polythene envelope in his right hand, coming from Loran side towards Sarwari, who on seeing the police party, threw away the polythene envelope and fled away, but however was apprehended by the police party. When questioned about the contents of the envelope, accused informed that the bag contained charas. Constable Pratap Chand was sent in search of independent witnesses, who returned with Shri Megh Singh (P.W. -1). ASI Shiv Singh, after associating Shri Megh Singh and Constable Pratap Chand, as witnesses, picked up the polythene envelope thrown by the accused and searched the same. The envelope was white in colour with words "Thakur Garments" inscribed on it, which contained another polythene envelope. On checking Charas, weighing 950 grams, was recovered. Two samples, each weighing 25 grams, were drawn. Samples and the bulk charas were sealed in separate parcels with three seals having impression "H". NCB form (Ex. PT) was filled up in triplicate; search and seizure memo (Ex. PP) prepared on the spot; accused was arrested vide memo (Ex. PR). Rukka (Ex. PU) was sent through Constable Pawan Kumar, on the basis of which FIR No. 575, dated 21.11.2005 (Ex. PA), for commission of offence, punishable under the provisions of Sec. 20 of the Act, was registered by SI Joginder Singh (P.W. -2) at Police Station, Kullu, Himachal Pradesh. With the completion of proceedings on the spot, the case property was produced before SI Joginder Singh, who resealed the same with his own seal of impression "T" and thereafter deposited the same with MHC Jia Lal (P.W. -3), who kept it in the Malkhana. Sealed sample was sent through Constable Pratap Chand to the Central Testing Laboratory, Kandghat for chemical examination. Special Report (Ex. PL) was also sent to the Additional Superintendent of Police, Kullu. Report of the Chemical Examiner (Ex. PE) was taken on record. 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.

(2.) Accused was charged for having committed an offence, punishable under the provisions of Sec. 20 of the Act, to which he did not plead guilty and claimed trial.

(3.) In order to establish its case, prosecution examined as many as seven witnesses and statement of the accused, under the provisions of Sec. 313 of the Code of Criminal Procedure, was also recorded, in which he took defence of innocence and false implication.