STATE OF HIMACHAL PRADESH Vs. JIWAN LAL

JUDGEMENT

(1.) STATE has appealed against the judgment dated 25.10.2010 of the learned Special Judge, Fast Track, Kullu, Himachal Pradesh, passed in Sessions Trial No. 20 of 2010, titled as State v. Jiwan Lal, challenging the acquittal of respondent Jiwan Lal (hereinafter referred to as the accused), who stands charged for having committed an offence punishable under the provisions of Section 18 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as the Act).

(2.) IT is the case of prosecution that on 1.9.2009, ASI Bhupinder Singh, HHC Hem Raj and Constable Bhagat Ram, left Ghiyagi for Sajwar. At about 3.30 p.m., accused, who was coming from opposite side, seeing the police party, got frightened and tried to flee away. On suspicion, he was apprehended and after informing him of his statutory rights and obtaining his consent vide Memo (Ex. PW -1/A), searched him. Though nothing was recovered from the body of the accused, but however, from the Pithu (Ex. P -2), opium, wrapped in polythene, was recovered. Upon weighment, it was found to be of 2 kgs. The same was sealed with seal impression 'H'. NCB form (Ex. PW -2/A) was filled on the spot. Ruka (Ex. PW -2/B was sent through Constable Sobha Ram (PW -1), on the basis of which FIR No. 129, dated 1.9.2009 (Ex.PW -5/A), under the provisions of Section 18 of the Act, was registered at Police Station Banjar (Seraj), Kullu. File was taken back to the spot. With the completion of formalities, accused was arrested. Case property was produced before Inspector Lal Singh (PW -5), who resealed the same with five impressions of seal 'D'. Relevant columns of NCB form were also filled by Inspector Lal Singh. Thereafter, the case property was deposited in the Malkhana. MHC Uttam Chand (PW -6) sent the sample, through Constable Noor Din (PW -7) for chemical analysis to Forensic Science Laboratory, Junga and report obtained. Special report (Ex. PW -2/A) was also sent to the Dy. S.P. Nihal Chand, which was received in his office by HC Harbans Kumar (PW -3). 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, prosecution examined as many as seven witnesses and statement of the accused under the provisions of Section 313 of the Code of Criminal Procedure was also recorded, in which he pleaded innocence and false implication.