STATE OF HIMACHAL PRADESH Vs. VIJAY KUMAR

JUDGEMENT

(1.) ASSAILING the judgment dated 21.09.2006, passed by Additional Sessions Judge, Fast Track Court, Kangra at Dharamshala, H.P., in Sessions Case No. 42 -G/05/04, titled as The State of Himachal Pradesh Versus Vijay Kumar, whereby accused stands acquitted, State has filed the present appeal under the provisions of Section 378 of the Code of Criminal Procedure, 1973.

(2.) IT is the case of prosecution that on 21.05.2003, Ravinder Kumar (P.W.1), Kuldip Kumar (P.W.4) and Hoshiar Singh (P.W.11) were on patrol duty. At Hanuman Chowk, Dehra, they got information that accused is indulging into illicit sale of contraband substance. Accordingly, information was sent through Ravinder Kumar (P.W.1) to the office of Deputy Superintendent of Police. After forming a search party comprising of independent witnesses Jagdish (P.W.2) and Satyabarat (P.W.3), accused was searched. Prior thereto his consent (Ex. P.W.2/A) was obtained. From the pocket of the pants worn by the accused, contraband substance which appeared to be charas and upon weighment was found to be 8 grams was recovered. Two samples of 2 grams each were drawn and the remaining contraband substance weighing 4 grams was also sealed with seal having impression 'H' and taken into possession vide recovery memo (Ex. P.W.2/B). Sample of the seal was taken on cloth pieces (Ex. P.W.2/G & Ex. P.W.2/J). The shop was also searched from where 280 grams of charas was recovered. Two samples of 20 grams each were drawn. Sample as also the bulk parcel were sealed with seal having impression 'H' and taken into possession vide recovery memo (Ex. P.W.2/C). Rukka (Ex. P.W.1/A) was carried by Jadev Singh (P.W.5) to Police Station, Dehra, on the basis of which FIR No. 52/03 dated 21.05.2003 (Ex. P.W.13/A) was registered by Shakti Chand (P.W.13) under the provisions of Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as NDPS Act) against the accused. NCB form (Ex. P.W.11/B) filled up on the spot. With the completion of formalities on the spot, contraband substance was deposited with MHC Onkar Chand (P.W.6), who sent the same through Kuldip Chand (P.W.7) to CTL, Kandaghat for chemical analysis and report thereof 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, in all, prosecution examined as many as thirteen witnesses. Statement of the accused under Section 313 of the Code of Criminal Procedure was also recorded, in which he took defence of innocence and false implication. No evidence in defence was led.