STATE OF HIMACHAL PRADESH Vs. RUPALI CHAUHAN

JUDGEMENT

(1.) This appeal has been instituted against Judgment dated 6.6.2015 rendered by learned Special Judge, Shimla, Himachal Pradesh in S. Trial No. 33 -S/7 of 2013, whereby respondent -accused (hereinafter referred to as 'accused' for convenience sake), who was charged with and tried for offence under Sec. 20 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as 'Act' for convenience sake) has been acquitted.

(2.) Case of the prosecution, in a nutshell, is that on 31.5.2013, ASI Mahesh Kumar alongwith Lady Constable Anjana was present at Forest Check Post, Dhalli to collect information regarding offences under Narcotic Drugs & Psychotropic Substances Act. At about 12.30 in the noon, ASI Surender Singh, HC Munish Kumar, HC Suresh Kumar from Narcotic Cell, State CID also reached there. They were associated in the team by the Investigating Officer Mahesh Kumar. At about 12.45 pm, when Mahesh Kumar alongwith other police officials reached there, they started moving towards Mashobra. When they had crossed 200 metres on foot, Investigating Officer Mahesh Kumar noticed a girl coming from Mashobra side. She was having a black coloured bag in her right hand and she was having a ladies purse on her left shoulder. Mahesh Kumar introduced himself as well as members of the police. Name of the girl was ascertained. Girl disclosed her name to be Rupali Chauhan. In the meantime, a vehicle bearing registration No. HP -01A -4401 bearing driven by its driver came there. ASI Mahesh Kumar stopped the vehicle. Driver of the vehicle was Mohinder Singh. Other person was Mustaq. They were associated as independent witnesses. Thereafter, accused was apprised of her legal right under Sec. 50 of the Act. Thereafter, Mahesh Kumar gave his personal search to the accused. Mahesh Kumar, with the help of Lady Constable, started the search proceedings. Accused was found carrying a black coloured bag in her right hand. Bag was searched. It contained Charas. It weighed 320 grams. The charas was put in a cloth parcel and sealed with seal impression 'R', five in number. NCB form in triplicate, was filled in. Rukka was prepared and sent to the Police Station. FIR was registered. Other codal formalities were completed. Sample was sent for chemical examination. Investigation was completed and Challan was put up in the Court after completing all codal formalities.

(3.) Prosecution has examined as many as 14 witnesses to prove its case against the prosecution. Accused was also examined under Sec. 313 CrPC. She pleaded innocence. Learned trial Court acquitted the accused. Hence, this appeal.